Haw. Rev. Stat. § 635-12

No jury, when

Applied in 2 court decisions — leading case National Ass'n for the Advancement of Colored People v. Acusport Corp. (2002)

Most recently applied in 226 F. Supp. 2d 391 - NATIONAL ASS'N FOR ADV. OF COL. PEOP. v. Acusport Corp. (October 2002)

L 1892, c 57, §40; RL 1925, §2250; RL 1935, §3646; RL 1945, §9650; RL 1955, §215-20; HRS §635-12; am L 1972, c 89, §2B(b); gen ch 1985; am L 2016, c 55, §29

(a) When there is no right of trial by jury, or the right has been waived, the issues shall be determined by the judge without the intervention of a jury.

(b) Whenever provision is made by statute for trial without the intervention of a jury, the same shall not be deemed to preclude trial of an issue with an advisory jury, or trial by jury by consent of the parties.

(c) Whenever a statute provides for waiver of a jury, the same shall not be deemed to preclude trial by jury when, in accordance with the rules of court:

(1) An order of the court relieves a party from the party's waiver; or

(2) Approval of or consent to the waiver is required in a criminal case and has not been given.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.