§635-26 - Impaneling. - Hawaii Statutes

IMPANELING, SEGREGATION OF JURY

 

     §635-26  Impaneling.  (a)  At the trial of any cause requiring a jury in any circuit or district court, the clerk of the court shall draw a jury by lot, to the number of twelve, from the box containing the names of persons who have been duly summoned to attend as trial jurors and who are not excused from attendance.  If any of the twelve are challenged and set aside, the clerk shall continue to draw by lot from the box until twelve impartial jurors are obtained, who then shall be sworn as the jurors for the trial of the cause.  If so directed by the court, additional jurors shall be drawn and impaneled to sit as alternate jurors.

     (b)  Upon the stipulation of the parties, the jury may consist of a number less than twelve. [L 1903, c 38, §12; RL 1925, §2415; RL 1935, §3733; RL 1945, §10109; RL 1955, §231-9; HRS §635-26; am L 1972, c 89, §2B(f), (g); am L 1993, c 104, §3]

 

Cross References

 

  Trial by jury, see Const. Art. I, §13.

 

Rules of Court

 

  See HRCP rule 48.