Title 38, Procedural And Supplementary Provisions

§805-1 Complaint; form of warrant. When a complaint is made to any prosecuting officer of the commission of any offense, the prosecuting officer shall review the evidence, reduce the substance of the complaint to writing, and cause the complaint to be: If the original complaint r…

§805-10 Same; summons, service. The summons shall be served by delivering a copy thereof, and showing the original to the president or other head of the corporation, or to the secretary, treasurer, or managing agent thereof. [L 1893-4, c 24, §2; RL 1925, §4014; RL 1935, §5474; RL…

§805-11 Same; trial. At the appointed time in the summons the district judge shall proceed to hear and try the case as in the case of a natural person. [L 1893-4, c 24, §3; RL 1925, §4015; RL 1935, §5478; RL 1945, §10778; RL 1955, §257-11; HRS §710-11; am L 1970, c 188, §39; ren …

§805-12 Unclaimed articles used as evidence, disposition of. Whenever an article, not subject to forfeiture or other disposition under any other law, which has been offered or admitted in evidence in any trial of a criminal case heard by a district judge, remains in the possessio…

§805-13 Motor vehicle insurance violation. (a) In all cases of citation for alleged violations of chapter 431:10C or section 286-116, the court shall hear and dispose of such actions expeditiously. Such actions may be severed from any other proceedings to facilitate immediate dis…

§805-2 Copy of complaint. In executing the warrant of arrest as provided in section 805-1, the arresting officer shall hand to the accused a copy of the complaint after showing the accused the original. [L 1949, c 43, §1; RL 1955, §257-2; HRS §710-2; ren L 1972, c 9, pt of §1; ge…

§805-3 Summons in what cases. Where, from the complaint, it appears to the district judge that the offense charged therein is not of a serious nature, or not one for which a severe penalty should be imposed, and where the person complained against is so situated as to raise no pr…

§805-4 Service of summons. The summons shall be served by handing the accused a copy thereof, and showing the accused the original; or, if the accused cannot be found, by leaving the copy, during business hours, at the accused's usual place of business or employment, or by leavin…

§805-5 Warrant after summons issued. The district judge may, for any cause which appears to the district judge to be sufficient, at any time after the issue of the summons, and by virtue of the complaint therein contained and recited, issue the district judge's warrant for the im…

§805-6 Arraignment. Upon arraignment, the written complaint upon which the warrant of arrest or summons has been issued shall be construed, except upon motion of the accused or prosecuting officer, to be the charge, and the reading thereof shall be deemed waived. Unless a demurre…

§805-7 Commitment; form of mittimus. In all cases of arrest for offenses that must be tried in the first instance before a jury, or that can be tried only on indictment by a grand jury, the judge in whose jurisdiction or on whose warrant the accused was arrested, upon the appeara…

§805-8 Notice to county attorney or prosecuting attorney. In all criminal cases had before a district judge where there has been a commitment as provided in section 805-7, an appeal from the judgment, or a demand for a jury trial, the judge, forthwith, shall send to the county at…

§805-9 Procedure against corporations; summons, issuance. Upon an information or presentment against a corporation, the district judge shall issue a summons signed by the district judge, with the district judge's name of office, requiring the corporation to appear before the dist…