Haw. R. Penal P. 60 (2026)
Rule 60. Title
Rule 60. TITLE. These rules may be known and cited as the
HAWAIʻI RULES OF PENAL PROCEDURE HRPP--42 (Release: 12/25) (This page intentionally left blank.)
HAWAIʻI RULES OF PENAL PROCERDURE Form A (Release: 12/25) HRPP--43 Form A PETITION FOR POST-CONVICTION RELIEF (Rule 40, HRPP) Name Prison Number Place of Confinement SPP No. (to be supplied by Clerk of the Court) ________________________________________________ [Insert appropriate court] __________________________________________, ) (full name of petitioner) ) ) Petitioner, ) ) vs. ) ) STATE OF HAWAIʻI, ) ) Respondent. ) ) PETITION TO VACATE, SET ASIDE, OR CORRECT JUDGMENT OR TO RELEASE PETITIONER FROM CUSTODY (1) This petition must be legibly handprinted or typewritten, and signed by the petitioner under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form. (2) If briefs or arguments or citation of authorities are submitted, they must be in a separate memorandum. (3) You must submit either the appropriate filing fees, or a Request to Proceed Without Paying Filing Fees (Form B) with this petition. Upon receipt, your petition will be filed. Your Request to Proceed Without Paying Filing Fees (Form B) will be either approved or denied after consideration by the court. If your Request to Proceed Without Paying Filing Fees (Form B) is denied, you will be notified that you must pay the filing fees in order to proceed with your petition and that, if you fail to pay, your petition will be dismissed.
Form A HAWAIʻI RULES OF PENAL PROCEDURE HRPP--44 (Release: 12/25) (4) The Request to Proceed Without Paying Filing Fees (Form B) must be signed, setting forth information establishing your inability to pay. If you are in custody and you wish to proceed without paying filing fees, you must also have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit in your account in the institution. (5) You may challenge only one judgment of conviction in this petition. If you seek to challenge judgments entered by different judges or divisions either in the same court or in different courts, you must file separate petitions as to each such judgment. (6) You must include all grounds for relief and all facts supporting the grounds for relief in this petition. (7) Unless filed electronically pursuant to the Hawai‘i Electronic Filing and Service Rules, when the petition is fully completed, the original and 2 copies must be mailed to the Clerk of the Court where the conviction was entered and whose address is . (to be stamped by the Clerk) PETITION TO VACATE, SET ASIDE, OR CORRECT JUDGMENT OR TO RELEASE PETITIONER FROM CUSTODY 1. Name and location of court that entered the judgment of conviction that you are challenging in this petition (a) Case Number (for example, “Cr. No.”; “FCCr. No.”; etc.) (b) Trial judge 2. Date of judgment of conviction 3. Length of sentence 4. Nature of offense involved (all counts) 5. What was your plea? (Check one) (a) Not guilty _______ (b) Guilty _______ (c) No Contest _______
HAWAIʻI RULES OF PENAL PROCERDURE Form A (Release: 12/25) HRPP--45 If you changed your plea, what did you change it to? (a) Guilty _______ (b) No Contest _______ If you entered a guilty plea to one count of the charge, complaint, information, or indictment, and a not guilty plea or no contest plea to another count of the charge, complaint, information, or indictment, give details: 6. Type of trial: (Check one) (a) Jury (b) Judge only 7. Did you testify at the trial? Yes _______ No _______ 8. Did you appeal from the judgment of conviction? Yes _______ No _______ 9. If you did appeal, answer the following: (a) Appeal Number (b) Result (c) Date of result 10. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court? Yes _______ No _______ 11. If your answer to 10 is "yes," give the following information: (a) (1) Name of court (2) Case Number (for example, “Cr. No.”; “FCCr. No.”; etc.) (3) Name of judge (4) Nature of proceeding (5) Grounds raised (6) Did you receive an evidentiary hearing on your petition, application or motion? Yes _______ No _______ (7) Result (8) Date of result (b) As to any second petition, application or motion give the same information: (1) Name of court (2) Case Number (for example, “Cr. No.”; “FCCr. No.”; etc.) (3) Name of judge
Form A HAWAIʻI RULES OF PENAL PROCEDURE HRPP--46 (Release: 12/25) (4) Nature of proceeding (5) Grounds raised (6) Did you receive an evidentiary hearing on your petition, application or motion? Yes _______ No _______ (7) Result (8) Date of result (c) As to any third petition, application or motion, give the same information: (1) Name of court (2) Case Number (for example, “Cr. No.”; “FCCr. No.”; etc.) (3) Name of judge (4) Nature of proceeding (5) Grounds raised (6) Did you receive an evidentiary hearing on your petition, application or motion? Yes _______ No _______ (7) Result (8) Date of result (d) Did you appeal the action taken on any petition, application or motion? (1) First petition, etc. Yes _______ Appeal Number _____ No _______ (2) Second petition, etc. Yes _______ Appeal Number _____ No _______ (3) Third petition, etc. Yes _______ Appeal Number _____ No _______ (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not.
HAWAIʻI RULES OF PENAL PROCERDURE Form A (Release: 12/25) HRPP--47 12. State every ground on which you claim you are being held unlawfully. State the facts supporting each ground. If necessary, you may attach pages stating additional grounds and the supporting facts. CAUTION: If you fail to state all grounds in this petition, you may be prohibited from presenting additional grounds at a later date. For your information, the following is a list of the most frequently raised grounds for relief in these proceedings. You may raise any grounds in addition to those listed. However, you should raise all grounds relating to this conviction in this petition. If you select any of these grounds for relief, you must state the supporting facts. The petition will be denied if you merely check any of the listed grounds or if you fail to provide supporting facts. (a) A plea of guilty that was unlawfully induced or not made knowingly, intelligently, or voluntarily or with an understanding of the nature of the charge(s) and the consequences of the plea. (b) Use of a coerced confession. (c) Use of evidence obtained pursuant to an unconstitutional search and seizure. (d) Use of evidence obtained pursuant to an unlawful arrest. (e) A violation of the privilege against self-incrimination. (f) Failure of the prosecution to disclose to the defendant evidence favorable to the defendant. (g) Violation of the protection against double jeopardy. (h) Unconstitutionally selected and impanelled grand or trial jury. (i) Ineffective assistance of counsel. (j) Prosecutorial misconduct. (k) Violation of Rule 48 (Right to a speedy trial). (l) Lack of jurisdiction of the court that entered the judgment. A. Ground one: State supporting FACTS (do not cite cases or law): B. Ground two: State supporting FACTS (do not cite cases or law):
Form A HAWAIʻI RULES OF PENAL PROCEDURE HRPP--48 (Release: 12/25) C. Ground three: State supporting FACTS (do not cite cases or law): D. Ground four: State supporting FACTS (do not cite cases or law): (ATTACH ADDITIONAL PAGES, IF NEEDED) 13. If you are raising any of the grounds in number 12 for the first time, state why. (Attach additional pages, if needed.): 14. Do you have any petition or appeal now pending in any court concerning the judgment you are challenging in this petition? Yes ____ If so, give court name, court location and case number: No _____ 15. Give the name and address, if known, of each attorney who represented you in the following stages of the proceeding that resulted in the judgment being challenged: (a) At preliminary hearing (b) At arraignment and plea (c) At trial (d) At sentencing (e) On appeal (f) In any post-conviction proceeding (g) On appeal from any adverse ruling in a post-conviction proceeding
HAWAIʻI RULES OF PENAL PROCERDURE Form A (Release: 12/25) HRPP--49 16. Were you sentenced on more than one count of a charge, complaint, information or indictment? Yes _______ No _______ 17. Do you have any future sentence to serve after you complete the sentence imposed by the judgment you are challenging in this petition? Yes _______ No _______ (a) If so, give the case number and the name and location of the court that imposed the sentence to be served in the future: (b) Give date and length of the sentence to be served in the future: (c) Have you filed, or do you contemplate filing any petition challenging the judgment that imposed the sentence to be served in the future? Yes _______ No _______ Petitioner requests that the Court grant all relief to which the petitioner may be entitled in this proceeding. Signature of Attorney (if any) I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Signed on _____________________. (date) Signature of Petitioner
HAWAIʻI RULES OF PENAL PROCEDURE HRPP--50 (Release: 12/25) (This page intentionally left blank)
HAWAIʻI RULES OF PENAL PROCERDURE Form B (Release: 12/25) HRPP--51 FORM B REQUEST TO PROCEED WITHOUT PAYING FILING FEES _________________________________________________ [Insert appropriate court] ____________________________ (Petitioner) vs. ____________________________ State of Hawaiʻi DECLARATION IN SUPPORT OF REQUEST TO PROCEED WITHOUT PAYING FILING FEES I, __________________________, declare that I am the petitioner in the above entitled case. I ask to proceed without paying filing fees. In support of my request, I state that, because of my poverty, I am unable to pay the filing fees and that I believe I am entitled to relief. 1. Are you presently employed? Yes ______ No ______ a. If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. b. If the answer is "no," state the date of last employment and the amount of the salary or wages per month that you received. 2. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or other employment? Yes ______ No ______ b. Rent payments, interest or dividends? Yes ______ No ______ c. Pensions, annuities or life insurance payments? Yes ______ No ______ d. Gifts or inheritances? Yes ______ No ______ e. Any other sources? Yes ______ No ______ If the answer to any of the above is “yes,” describe each source of money and state the amount received from each during the past twelve months.
Form B HAWAIʻI RULES OF PENAL PROCEDURE HRPP--52 (Release: 12/25) 3. Do you own any cash, or do you have money in a checking or savings account? (Include any funds in prison accounts.) Yes ______ No ______ If the answer is "yes," state the total value of the items owned. 4. Do you own real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? Yes ______ No ______ If the answer is "yes," describe the property and state its approximate value. 5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support. I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Signed on ________________________. (date) Signature of Petitioner CERTIFICATE I hereby certify that the petitioner herein has the sum of $_______ on account to his/her credit at the institution where he/she is confined. I further certify that petitioner likewise has the following securities to his/her credit according to the records of said institution Authorized Officer of Institution
HAWAIʻI RULES OF PENAL PROCERDURE Form C (Release: 12/25) HRPP--53 Form C WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA IN THE __________ COURT OF THE ________________ CIRCUIT _______________ DIVISION WAIVER OF PHYSICIAL PRESENCE SUBMISSION OF PLEA Case Number: STATE OF HAWAIʻI vs. (DEFENDANT) Police Report Number: CHARGE(S): VIOLATION OF H.R.S. SECTION(S) REVISED ORDINANCE SECTION(S) AMENDED CHARGE(S): In accordance with Rule 43, Hawaiʻi Rules of Penal Procedure: 1. I understand that I have the right to be present at the arraignment, at pretrial proceedings, at the time I enter my plea and at my sentencing. I voluntarily waive (give up) my right to be physically present at all of these proceedings. I authorize my lawyer to represent me in all of these proceedings without my physical presence. 2. I understand that face-to-face video conferencing might be necessary in order for the court to [ ] accept or [ ] defer my plea and [ ] impose or [ ] defer sentence. 3. I understand that I have the right to address the court before I am sentenced and agree to do so via face-to-face video teleconferencing in lieu of me appearing in person before the court. 4. I plead: [ ] GUILTY OR [ ] NO CONTEST to the: [ ] ORIGINAL OR [ ] AMENDED charge(s) listed above. 5. My birth year is ________ and I am _____ years old. The last four digits of my social security number are XXX-XX-________. I have completed _____ years of education. [ ] I speak, read, write, and understand the English language. (Rev. 05/05/21) Page 1 of 5
Form C HAWAIʻI RULES OF PENAL PROCEDURE HRPP--54 (Release: 12/25) [ ] I do not speak, read, write, and understand the English language. This document was interpreted from English to _______________. (Insert Language) 6. My mind is clear. I am not ill. I did not consume any substances which have affected my ability to understand this document or this proceeding. 7. My lawyer explained the charge(s) against me. I understand the charge(s). I told my lawyer everything I know about the case. My lawyer explained the government’s evidence against me, the facts which the government must prove in order to convict me and my possible defenses. 8. I understand that by pleading guilty or no contest I give up my right to a trial by a jury or by the court. I understand that for misdemeanor and felony offenses in a jury trial: a. Twelve members of the community make up a jury; b. I may take part in jury selection; c. A jury verdict must be unanimous; and d. If I waive a jury trial, the judge alone will decide whether I am guilty or not guilty. I further understand that in any trial, a. the government is required to prove my guilt beyond a reasonable doubt; b. I have the right to see, hear and question the witnesses who testify against me; c. I have the right to call my own witnesses to testify for me, but I am not obligated to present any evidence in my own defense, nor can any conclusions be drawn against me for not presenting any evidence; d. I have the right not to testify, and should I decide not to testify my decision cannot be used against me; e. I have the right to testify even though my lawyer thinks I should not, and that the deputy prosecutor will be able to question me; and f. The court would ask me whether my decision to testify or not testify was my own. 9. I understand that the maximum penalties are: $______ fine or ______ [ ] days [ ] months [ ] year in jail or both. (If you are being prosecuted for multiple offenses, complete Form E [listing for multiple offenses].) INITIAL ONE: I [ ] am [ ] am not on probation or parole; I know that this plea might provide a basis for revocation of my probation or parole. (Rev. 05/05/21) Page 2 of 5
HAWAIʻI RULES OF PENAL PROCERDURE Form C (Release: 12/25) HRPP--55 10. INITIAL ONE: [ ] After discussing all the evidence and receiving advice from my lawyer, I plead GUILTY because (give a brief factual statement of what the Defendant did): [ ] After discussing all the evidence and receiving advice from my lawyer, I plead NO CONTEST because I do not wish to contest the charge(s) against me. 11. I offer my plea freely and voluntarily and with full understanding of all the matters set forth in the information, complaint, or indictment. No one is pressuring or threatening me or anyone close to me to force me to plead. I am not taking the blame or pleading to protect someone else from prosecution. 12. INITIAL ONE: [ ] I do not have any agreement with the government regarding my plea. No one has promised me any kind of deal or favor or leniency if I plead. [ ] I have reached the following agreement with the government (give a brief statement): INITIAL: [ ] I understand that the court is not bound by this agreement. I understand that I will not be permitted to withdraw my plea if the court does not follow the agreement. [ ] Other than the foregoing agreement with the government, no one has promised me any kind of deal or favor or leniency if I plead. 13. I understand that the court is not required to grant any request for a deferred acceptance of a guilty or no contest plea. 14. I consent to the court imposing sentence without me being physically present. If a presentence report is required by law, I waive (give up) my right to have a presentence report prepared and presented to the court. I further understand that non-compliance with the court's judgment or order will result in the issuance of a bench warrant, subjecting me to being arrested and having to appear in court. (Rev. 05/05/21) Page 3 of 5
Form C HAWAIʻI RULES OF PENAL PROCEDURE HRPP--56 (Release: 12/25) 15. I understand that the court will read the following to me before accepting my plea: If you are not a citizen of the United States, whether or not you have lawful immigration status, you have the right to receive advice from your lawyer about the specific impact that this case will have, if any, on your immigration status. The entry of a guilty or no contest plea, admission of guilt or sufficient facts, or conviction, deferred judgment, or deferred sentence might have the consequences of your immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. In some cases, detention and deportation from the United States will be required. Your lawyer must investigate and advise you about these issues prior to the commencement of trial, entry of a guilty or no contest [plea], or admission of guilt or sufficient facts to any offense punishable as a crime under state law, other than those offenses designated as infractions. You are not required to disclose your immigration or citizenship status to the court. 16. I declare under penalty of perjury that I am the person charged with the offense(s) noted above and affix my fingerprint hereto. I further acknowledge that I signed this document after reviewing it with my lawyer. I am satisfied with my lawyer’s advice and representation. DATED this _________ day of ________________, 20 ___. Defendant’s Signature: Address: Telephone No.: (Rev. 05/05/21) Page 4 of 5 Defendant must affix right thumbprint in black ink Defendant must attach a recent photograph showing Defendant’s face as it will appear during video conference.
HAWAIʻI RULES OF PENAL PROCERDURE Form C (Release: 12/25) HRPP--57 DECLARATION OF COUNSEL As counsel for the defendant and as an officer of the Court, I certify the following: 1. I explained the defendant’s right to be present. 2. The defendant represented to me that the defendant does not wish to be physically present and that the defendant consents to the court conducting the proceedings in the defendant’s physical absence. 3. I read and explained this document to the defendant. 4. The statements contained herein conform with my understanding of the defendant’s position. 5. I believe the defendant understands the document in its entirety. 6. The defendant’s plea is voluntary. 7. The defendant understands the nature of the charge(s) and the possible consequences. DATED this _________ day of ________________, 20 ___. Attorney for the Defendant Approved and so ordered: Judge of the Above-Entitled Court (Rev. 05/05/21) Page 5 of 5
Form D HAWAIʻI RULES OF PENAL PROCEDURE HRPP--58 (Release: 12/25) Form D WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA; PRO SE DEFENDANT IN THE __________ COURT OF THE ________________ CIRCUIT _______________ DIVISION WAIVER OF PHYSICAL PRESENCE: SUBMISSION OF PLEA; PRO SE DEFENDANT Case Number: STATE OF HAWAIʻI vs. (DEFENDANT) Police Report Number: CHARGE(S): VIOLATION OF H.R.S. SECTION(S) REVISED ORDINANCE SECTION(S) AMENDED CHARGE(S): In accordance with Rule 43, Hawaiʻi Rules of Penal Procedure: 1. I am proceeding without an attorney and I have full knowledge of the following: (Each box must be initialed by Defendant). [ ] I understand that I have a right to representation by an attorney. I also understand that if I am financially unable to afford an attorney the court will appoint one at no cost to me. [ ] The information(s), complaint(s) and/or indictment(s) set(s) out what the government claims I did. I have read the information(s), complaint(s) and/or indictment(s). I know the government must prove the allegations in the information(s), complaint(s) or indictment(s) in order to convict me. [ ] I understand the charge(s) against me. [ ] I understand that I have the right to be present at the arraignment, at pretrial proceedings, at a trial, at the time I enter my plea and at my sentencing. I voluntarily waive (give up) my right to be physically present at all of these proceedings. (Rev. 05/05/21) Page 1 of 5
HAWAIʻI RULES OF PENAL PROCERDURE Form D (Release: 12/25) HRPP--59 [ ] I understand that face-to-face video conferencing might be necessary in order for the court to [ ] accept or [ ] defer my plea and [ ] impose or [ ] defer sentence. [ ] I understand that I have the right to address the court before I am sentenced and agree to do so via face-to-face video teleconferencing instead of me appearing in person before the court. [ ] I understand that by pleading guilty or no contest I give up my right to a trial by a jury or by the court. I understand that for misdemeanor and felony offenses in a jury trial: [ ] Twelve members of the community make up a jury; [ ] I may take part in jury selection; [ ] A jury verdict must by unanimous; and [ ] If I waive a jury trial, the judge alone will decide whether I am guilty or not guilty. [ ] I understand that in any trial, [ ] the government is required to prove my guilt beyond a reasonable doubt; [ ] I have the right to see, hear and question witnesses who testify against me; [ ] I have the right to call my own witnesses to testify for me, but I am not obligated to present any evidence in my own defense, nor can any conclusions be drawn against me for not presenting any evidence; [ ] I have the right not to testify, and should I decide not to testify my decision cannot be used against me; [ ] I have the right to testify and that the deputy prosecutor will be able to question me; and [ ] the court would ask me whether my decision to testify or not to testify was my own. [ ] I understand that an attorney would: (a) investigate my case, call witnesses, and present evidence; (b) research the law and present legal issues on my behalf and present defenses to the charge(s) on my behalf; (c) know and explain courtroom procedures and argue my case; and (d) negotiate with the government to reduce the charge(s) or lessen the sentence. (Rev. 05/05/21) Page 2 of 5
Form D HAWAIʻI RULES OF PENAL PROCEDURE HRPP--60 (Release: 12/25) [ ] I understand that, if I give up my right to an attorney, I will not have an attorney’s assistance and must do everything an attorney would do by myself. [ ] I understand my right to be represented by an attorney. I may either hire my own attorney or ask the court to appoint one if so required. I choose to give up my right to an attorney and I desire to represent myself. [ ] My mind is clear. I am not ill. I did not consume any substances which have affected my ability to understand this document or this proceeding. [ ] I understand that the maximum penalties are: $___________ fine or _________ [ ] days [ ] months [ ] years in jail or both. (If you are being prosecuted for multiple offenses, complete Form E [listing for multiple offenses].) 2. I plead: [ ] GUILTY OR [ ] NO CONTEST to the: [ ] ORIGINAL OR [ ] AMENDED charge(s) listed above. 3. My birth year is ____________ and I am ________ years old. The last four digits of my social security number are XXX-XX-_________. I have completed _______ years of education. [ ] I speak, read, write, and understand the English language. [ ] I do not speak, read, write, and understand the English language. This document was interpreted from English to ___________________. (Insert Language) 4. INITIAL ONE: I [ ] am [ ] am not on probation or parole; I know that this plea might provide a basis for revocation of my probation or parole. 5. I offer my plea freely and voluntarily and with full understanding of all the matters set forth in the information, complaint, or indictment. No one is pressuring or threatening me or anyone close to me to force me to plead. I am not taking the blame or pleading to protect someone else from prosecution. 6. INITIAL ONE: [ ] I plead GUILTY because (Give a brief factual statement of what you did): [ ] I plead NO CONTEST because I do not wish to contest the charge(s) against me. (Rev. 05/05/21) Page 3 of 5
HAWAIʻI RULES OF PENAL PROCERDURE Form D (Release: 12/25) HRPP--61 7. I understand that the government may provide reports or information to establish a factual basis for the plea and/or for sentencing recommendations. 8. INITIAL ONE: [ ] I do not have any agreement with the government regarding my plea. No one has promised me any kind of deal or favor or leniency if I plead. [ ] I have reached the following agreement with the government (give a brief summary): INITIAL: [ ] I understand that the court is not bound by this agreement. I understand that I will not be permitted to withdraw my plea if the court does not follow the agreement. [ ] Other than the foregoing agreement, no one has promised me any kind of deal or favor or leniency if I plead. 9. I have full knowledge of the following: (Each box must be initialed) [ ] I understand that the court is not required to grant any request for a deferred acceptance of a guilty or no contest plea. [ ] I consent to the court imposing sentence without me being physically present. If a presentence report is required by law, I waive (give up) the right to have a presentence report prepared and presented to the court. I further understand that non-compliance with the court’s judgment or order will result in the issuance of a bench warrant, subjecting me to arrest and an order to appear in court. [ ] I understand that the court will read the following to me before accepting my plea: If you are not a citizen of the United States, whether or not you have lawful immigration status, you have the right to receive advice from a lawyer about the specific impact that this case will have, if any, on your immigration status. The entry of a guilty or no contest plea, admission of guilt or sufficient facts, or conviction, deferred judgment, or deferred sentence might have the consequences of your immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. In some cases, detention and deportation from the United States will be required. Your lawyer must investigate and advise you about these issues prior to the commencement of trial, entry of a guilty or no contest [plea], or admission of guilt or sufficient facts to any offense punishable as a crime under state law, other than those offenses designated as infractions. You are not required to disclose your immigration or citizenship status to the court. (Rev. 05/05/21) Page 4 of 5
Form D HAWAIʻI RULES OF PENAL PROCEDURE HRPP--62 (Release: 12/25) [ ] I declare under penalty of perjury, that I am the person charged with the offense(s) listed above and affix my fingerprint hereto. DATED this _________ day of ________________, 20 ___. Defendant’s Signature: Address: Telephone No.: Prosecutor Approved and so ordered: [ ] Objects [ ] Does not object [ ] Takes no position Judge of the Above-Entitled Court (Date) (Rev. 05/05/21) Page 5 of 5 Defendant must affix right thumbprint in black ink Defendant must attach a recent photograph showing Defendant’s face as it will appear during video conference.
HAWAIʻI RULES OF PENAL PROCERDURE Form E (Release: 12/25) HRPP--63 Form E WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA; PRO SE DEFENDANT; ATTACHMENT “A” IN THE DISTRICT COURT OF THE ________________ CIRCUIT _______________ DIVISION WAIVER OF PHYSICAL PRESENCE: SUBMISSION OF PLEA; PRO SE DEFENDANT; ATTACHMENT “A” Case Number: STATE OF HAWAIʻI vs. (DEFENDANT) Police Report Number: CHARGE(S): VIOLATION OF H.R.S. SECTION(S) AMENDED CHARGE(S): In accordance with Rule 43, Hawaiʻi Rules of Penal Procedure: [ ] I understand that the maximum possible penalties are: OFFENSE # 1 __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 2: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 3: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 4: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 5: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 6: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 7: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 8: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both.
Form E HAWAIʻI RULES OF PENAL PROCEDURE HRPP--64 (Release: 12/25) OFFENSE # 9: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. OFFENSE # 10: __________________ H.R.S. Section: ____________________ $___________ Fine or _____ days/months/year in jail or both. DATED this _______________ day of _______________, 20___. _________________________________________ Signature of Defendant
HAWAIʻI RULES OF PENAL PROCERDURE Form F (Release: 12/25) HRPP--65 Counsel (Page 1 of Form F) Address Atty. No. Tel. No. IN THE [CIRCUIT][DISTRICT][FAMILY] COURT OF THE [FIRST][SECOND][THIRD][FIFTH] CIRCUIT STATE OF HAWAI‘I, STATE OF HAWAIʻI, Plaintiff, vs. Defendant. ) ) ) ) ) ) ) ) CR.No. CHARGE(S) Date of Appointment (Order Attached) Presiding Judge: Trial Date: REQUEST FOR ATTORNEY'S FEES PURPOSE: [ ] Felony [ ] Misd. Jury Tr. [ ] Misd. Jury Waived [ ] Petty Misd. [ ] Other Administrative Judicial Proceeding BILLING PERIOD FROM: ________________ TO: _______________ [ ] Partial [ ] Final Billing ACTIVITY HOURS AMOUNT 1. Client Contact . . . . . . . . . . . . . . 2. Investigation . . . . . . . . . . . . . . . 3. Research . . . . . . . . . . . . . . . . . 4. Conferences (Plea Bargain/Pre-Trial) 5. Other: (Specify) . . . . . . . . . . . . ______________________________ 6. Court Appearances . . . . . . . . . TOTAL: TOTAL FEE FOR PROFESSIONAL SERVICES: $_________ Attached hereto as Exhibit A are hourly worksheets prepared contemporaneously with the work performed as noted thereon and truthfully reflecting the amount of work actually performed in the representation of Defendant. Payment has not been received and the BILLING RECAP is attached. I, ________________________________, declare under penalty of law that the foregoing is true and correct. DATED: ______________________. _______________________________________ Attorney Signature APPROVED FOR $ Judge of the Above-Entitled Court Date APPROVED FOR $ Administrative Judge Date
Form F HAWAIʻI RULES OF PENAL PROCEDURE HRPP--66 (Release: 12/25) Counsel (Page 2 of Form F) Address Atty. No. Tel. No. IN THE [CIRCUIT][DISTRICT][FAMILY] COURT OF THE [FIRST][SECOND][THIRD][FIFTH] CIRCUIT STATE OF HAWAI‘I, STATE OF HAWAIʻI, Plaintiff, vs. Defendant. ) ) ) ) ) ) ) ) CR.No. CHARGE(S) Date of Appointment (Order Attached) Presiding Judge: Trial Date: REQUEST FOR ATTORNEY'S COSTS PURPOSE: [ ] Felony [ ] Misd. Jury Tr. [ ] Misd. Jury Waived [ ] Petty Misd. [ ] Other Administrative Judicial Proceeding BILLING PERIOD FROM: ________________ TO: _______________ [ ] Partial [ ] Final Billing Summary of Expenses Cost TOTAL COST: $_______________ Attached hereto as Exhibit A are expense worksheets, prepared contemporaneously with the work performed as noted thereon and truthfully reflecting the expenses incurred in the representation of Defendant. True and correct invoices and receipts for these necessary expenses are attached as Exhibit B. Payment has not been received and the BILLING RECAP is attached. I, ________________________________, declare under penalty of law that the foregoing is true and correct. DATED: ______________________. _______________________________________ Attorney Signature APPROVED FOR $ Judge of the Above-Entitled Court Date APPROVED FOR $ Administrative Judge Dat
HAWAIʻI RULES OF PENAL PROCERDURE Form G (Release: 12/25) HRPP--67 Case No. _______________________________ Defendant _______________________________ BILLING RECAP (Must be completed by current attorney to reflect all prior billings) BILLING BILLING PERIOD DATE SUBMITTED ATTORNEY NAME AMOUNT BILLED AMOUNT APPROVED DATE PAID FEES COSTS FEES COSTS FEES COSTS First Second Third Fourth Final TOTAL Form G
Form H HAWAIʻI RULES OF PENAL PROCEDURE HRPP--68 (Release: 12/25) Case No. __________________________ Defendant __________________________ HOURLY WORKSHEET (TIME CALCULATED IN TENTHS/HOUR) Date Brief Description of Services Out-of-Court In-Court Client Contact Investigation Research Conferences Other Page Total Grand Total Form H PAGE _________ OF __________
HAWAIʻI RULES OF PENAL PROCERDURE Form I (Release: 12/25) HRPP--69 Case No. _______________________________ Defendant _______________________________ OTHER EXPENSE WORKSHEET Date Brief Description of Services (include number of pages, etc.) Dollar Amount Per Item Notary Copying Postage Toll Calls Other Page Total Grand Total Form I PAGE _________ OF __________
Form J HAWAIʻI RULES OF PENAL PROCEDURE HRPP--70 (Release: 12/25) (Page 1 of Form J) BAIL/BOND RECEIPT, ACKNOWLEDGMENT, AND NOTICE TO APPEAR BBRA No. Case No. Arresting Agency: State ID (SID) Booking No. (if applicable): Date: Charge(s)/Statutory Section(s): Arrest Report/Citation No(s). Amount $ $ $ $ Charge(s)/Statutory Section(s): Arrest Report/Citation No(s). Amount $ $ $ $ Released Based On: ☐ RELEASE ON OWN RECOGNIZANCE ☐ CASH deposited by DEFENDANT ☐ CASH deposited by THIRD PARTY SURETY ☐ PAPER BOND posted by LICENSED SURETY INSURANCE COMPANY/AENT (Attach Copy of Paper Bond and Copy of Agent’s Power of Attorney) BAIL/BOND FOR (Defendant’s Name)_____________________________________________ YEAR OF BIRTH___________ LAST 4 DIGITS OF SSN: XXX-XX-_____ _____ _____ _____ PHONE:_________________________ ADDRESS:_________________________________________________________________________________________________________________ AMOUNT RECEIVED: $________________________________________________________________________ ☐ RELEASED ON OWN RECOGNIZANCE CERTIFIED/CASHIER’S CHECK NO. OR POWER OF ATTORNEY NO. ___________________________________________________ APPEARANCE INFORMATION: YOU ARE TO APPEAR IN THE FOLLOWING COURT CHECKED BELOW (address on back): COURT DATE AND TIME: ________________________________/__________AM/PM (circle one) DEFENDANT’S ACKNOWLEDGMENT OF TERMS AND CONDITIONS FOR RELEASE ON BAIL OR RECOGNIZANCE In order to be admitted to bail and released from custody or released on recognizance, I agree to comply with the terms and conditions of release on bail or recognizance set forth herein, all conditions imposed by law, and any additional conditions that a court may later impose on me. I specifically understand and agree that: • I must appear in person for all court hearings, including the hearing set forth above. If I fail to appear, my release will be revoked, a bench warrant will be issued for my arrest, and I may be charged for bail jumping or contempt of court. • I will remain in the State of Hawaiʻi unless I obtain court approval to leave the jurisdiction. • I will not commit a federal, state or local offense during the period of release. • The court may REVOKE MY RELEASE if any term or condition or release is violated. • If, at any time, I fail to appear in court on the day and at the time indicated on this Receipt, Acknowledgment, and Notice to Appear Form or any other day and time ordered by the court, any cash or bond posted for my release WILL BE FORFEITED to the State and NOT RETURNED. • Any cash I have personally deposited as security for this bond shall be applied to pay any fines, restitution, costs and/or fees that I may be ordered to pay in this case. Date Print Name of Defendant Defendant’s Signature NOTIFICATION TO THIRD-PARTY SURETY OF BAIL BOND CONDITIONS/OBLIGATIONS I have read and understand the terms and conditions of bail signed by defendant. I understand that this is a continuing bond that will remain in full force and effect, unless otherwise ordered by the court, until final determination of all proceedings in this case, including appeal. If I wish earlier discharge from liability on this bond, I must surrender Defendant to the custody of any sheriff, chief of police, or their authorized subordinates. I understand that if Defendant fails to appear in court on the day and at the time indicated on tis Receipt, Acknowledgment, and Notice to Appear Form or any other day and time ordered by the court, judgment for the full amount of this bail bond shall be entered in favor of the State. Any request to show good cause why the court should baccate the judgment of forfeiture must be filed within thirty (30) days from the date notice of the entry of judgment in favor of the State is given via personal service or certified mail, return receipt requested. ☐ If cash was deposited as security for the full amount of this bond, the full amount will be forfeited to the State and not returned to me. ☐ If a paper bond was filed, surety is required to pay the full amount of the bond to the State in execution of the judgment unless a) the court sustains the surety’s motion for application submitted pursuant to HRS§804-51 and vacates the judgment based on a showing of good cause of b) defendant is surrendered to law enforcement officials pursuant to HRS§§804-41, and 804-51. Telephone No. Print Name of Third-Party Surety or Agent Driver License/Other ID No. Date Signature of Third-Party Surety or Agent Preferred Mailing Address of Third-Party Surety NOTE: COPY OF PAPER BOND AND COPY OF AGENT’S POWER OF ATTORNEY MUST BE ATTACHED IF PAPER BOND FILED. LAW ENFORCEMENT OFFICER/CLERK Date Printed Name/ID No. Officer/Clerk’s Signature Agency (BAR CODE) Reprographics (05/10)1D 1D-V-153 (Rev. 08/18/22)
HAWAIʻI RULES OF PENAL PROCERDURE Form J (Release: 12/25) HRPP--71 (Page 2 of Form J) COURT ADDRESSES - _______________ CIRCUIT CIRCUIT COURT FAMILY COURT DISTRICT COURT COURT USE ONLY BAIL POSTED $ BAIL APPLIED TO FINES $ TOTAL REFUND $ __________________________________________________ Bailor’s Signature (person who posted bail) If you need accommodation for a disability when participating in a court program, service, or activity, please contact the ADA Coordinator as far in advance as possible to allow time to provide an accommodation. Call the ADA Coordinator at (phone number) Send an e-mail to [email protected]. The ADA Coordinator will try to provide, but cannot guarantee, the requested auxiliary aid, service, or accommodation. Reprographics (05/10)1D 1D-V-153 (Rev. 08/18/22)
Form K HAWAIʻI RULES OF PENAL PROCEDURE HRPP--72 (Release: 12/25) Form K STATE OF HAWAIʻI CIRCUIT COURT OF THE __________ CIRCUIT [ ] GUILTY PLEA [ ] NO CONTEST PLEA [ ] MOTION TO DEFER CASE NUMBER: STATE OF HAWAIʻI vs. (Defendant) Year of Birth: Defendant’s Age: Education (Last Grade Completed): CHARGE(S)/HRS: MAXIMUM IMPRISONMENT/FINE: REPORT NUMBER(S): Extended Term of Imprisonment: Mandatory Minimum Term of Imprisonment: 1. My mind is clear and not influence of any illicit drugs, alcohol, or prescribed medication. I am not sick. I speak, read, write, and understand the English language or this document has been read to me or has been interpreted for me. 2. I have received a written copy of the original charge(s) in this case. The charge(s) has/have been explained to me. I understand the original charge(s) against me. I told my lawyer all of the facts I know about the case. My lawyer explained the State’s evidence against me, my possible defense(s), and the facts which the State must prove in order to convict me. 3. I understand the reduced charges(s) with which the State has agreed to charge me, instead of the original charge(s). (Applicable only if original charge has been reduced.) 4. I plead of my own free will. No one is pressuring me or threatening me or any other person to force me to plead. I am not taking the blame or pleading to protect another person from prosecution. 5. I know I have the right to plead not guilty or to persist in that plea and have a speedy and public trial by jury or by the court. I know in a trial the State is required to prove my guilt beyond a reasonable doubt. I know I can see, hear, and question witnesses who testify against me, and that I may call my own witnesses to testify for me at trial. I understand I have the right to take the stand to testify and I have the right to not testify at trial. I know by pleading I give up the right to file any pre-trial motions, and I give up the right to a trial and may be found guilty and sentenced without trial of any kind. Except in certain limited circumstances, I also give up the right to appeal anything that has happened in this case to date. [ ] Prosecutor [ ] Defendant [ ] Defense Counsel [ ] Adult Client Services Branch (Rev. 2/3/21) Page 1
HAWAIʻI RULES OF PENAL PROCERDURE Form K (Release: 12/25) HRPP--73 GUILTY/NO CONTEST PLEA (Continued) CASE NUMBER: 6. I further understand that for misdemeanor and felony offenses: (a) twelve members of the community make up a jury; (b) in a jury trial, I may take part in jury selection; (c) in a jury trial, the jury’s verdict must be unanimous; and (d) if I waive a jury trial, the judge along will decide whether I am guilty or not guilty. 7. I understand that the court may impose any of the following penalties for the offense(s) to which I now plead: the maximum term of imprisonment; any extended term of imprisonment; and any mandatory minimum term of imprisonment specified above; consecutive terms of imprisonment (if more than one charge); restitution, a fine, a fee and/or assessment; community service; probation with up to 2 years of imprisonment and other terms and conditions. I further understand that (a) the court must order restitution for reasonable and verified losses requested by a victim or when the crime victim compensation fund makes an award; (b) the court cannot waive the restitution amount or convert it to community service; and (c) unless the amount of restitution has already been determined; the court cannot determine what a possible restitution amount will be until a later time. 8. [ ] I plead no contest because, after discussing all the evidence and receiving advice on the law from my lawyer, I do not want to contest the charge(s) against me. [ ] I plead guilty because, after discussing all the evidence and receiving advice on the law from my lawyer, I believe that I am guilty. (Give a brief statement of the facts that establish your guilt as to each offense to which you are entering a plea pursuant to the requirements of HRS §§ 701-114, 701-115, 702-205, and 702-206, as amended.) [ ] I move to defer acceptance of my plea. I understand that if the court denies my motion, the court will then find and adjudge me guilty upon this plea, and impose sentence. 9. I have not been promised any kind of deal or favor or leniency by anyone for my plea, except that I have been informed that the State has agreed as follows (if non, write “None”): [ ] I have reviewed with my lawyer a written copy of the agreement between myself and the State, which is attached hereto, and I fully understand and agree to its terms. [ ] I know that the court is not required to follow any deal or agreement between the State and me. I know that the court has not promised me leniency. [ ] The court has agreed to follow the plea agreement pursuant to Rule 11, Hawaiʻi Rules of Penal Procedure. 10. I further state that (if none, write “None”): (Rev. 1/3/21) Page 2
Form K HAWAIʻI RULES OF PENAL PROCEDURE HRPP--74 (Release: 12/25) GUILTY/NO CONTEST PLEA (Continued) CASE NUMBER: 11. I understand that: [ ] If I am not a citizen of the United States, whether or not I have lawful immigration status, I have the right to receive advice from my lawyer about the specific impact that this case will have, if any, on my immigration status. [ ] The entry of a guilty or no contest plea, admission of guilt or sufficient facts, or conviction, deferred judgment or deferred sentence may have the consequence of my immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. [ ] In some cases, detention and deportation from the United States will be required. [ ] My lawyer must investigate and advise me about the aforementioned issues prior to the commencement of trial, entry of a guilty or no contest plea, or admission of guilt of sufficient facts to establish any offense punishable as a crime under state law, other than those offenses designed as infractions, and I acknowledge that I have been so advised. [ ] I am not required to disclose my immigration status or citizenship status to the court. 12. I am signing this Guilty/No Contest Plea document after I have gone over all of it with my lawyer. I know I will not permitted to withdraw my plea except in certain limited circumstances. I am signing this form in the presence of my lawyer. I have no complaints about my lawyer and I am satisfied with what my lawyer has done for me. DATE DEFENDANT’S SIGNATURE CERTIFICATE OF COUNSEL I certify that I have read and explained fully this Guilty/No Contest Plea document to the defendant and believe the defendant understands this document in its entirety. The statements contained in this document conform with my understanding of the defendant’s position. I believe the defendant’s plea is made voluntarily and with an intelligent understanding of the nature of the charge(s) and possible consequences. The defendant signed this Guilty/No Contest Plea document in my presence. I fully certify that I have complied with Rules 1.2(a) and 1.4 of the Rules of Professional Conduct. Hawaiʻi DATE ATTORNEY FOR DEFENDNT SIGNATURE I acknowledge that the Judge questioned my personally on the record during a hearing to make sure that I knew what I was doing in pleading guilty or no contest and understood this document before I signed it. _______________ _____________________________________ ________________________________________________ DATE DEFENDANT’S NAME DEFENDANT’S SIGNATURE (signed after questioning by the court) JUDGE (Rev. 2/3/21) Page 3
HAWAIʻI RULES OF PENAL PROCERDURE Form L (Release: 12/25) HRPP--75 Form L STATE OF HAWAIʻI ________________COURT OF THE __________ CIRCUIT WAIVER OF TRIAL BY JURY CASE NUMBER REPORT NUMBER(S) STATE OF HAWAIʻI vs. (DEFENDANT) CHARGE(S): VIOLATION OF HRS SECTION(S): I, the undersigned Defendant, have read completely this waiver form and discussed it thoroughly with my attorney and with the assistance of an interpreter, if applicable. I acknowledge and understand the following: 1. I am entitled to a jury trial on the above-listed charge(s). 2. A jury consists of twelve (12) people chosen from the community to determine whether I am guilty, not guilty or if applicable, not guilty by reason of insanity of the above-listed charge(s). 3. Before I may be found guilty, all twelve jurors must unanimously agree the State has proved beyond a reasonable doubt each and every material element of the crime(s) charged. 4. If any one juror fails to agree the State has proved each and every material element of the crime(s) charged beyond a reasonable doubt, I cannot be found guilty. 5. I have the right to consult with and assist my attorney in selecting the twelve jurors and making requests to excuse one or more jurors for cause or otherwise. 6. By waiving my right to a jury trial, I know the judge along will consider the evidence and decide whether I am guilty, not guilty or if applicable, not guilty by reason of insanity of the above-listed charge(s). 7. I have consulted with my attorney and understand the possible advantages and disadvantages of both a jury trial and a judge trial. 8. I am satisfied with the advice and services provided by my attorney. 9. My mind is clear and I am not under the influence of any illicit drugs, alcohol or prescribed medication. 10. No one has made any promises as to the outcome of either a judge or jury trial and no one has put any pressure upon me to give up my right to a jury trial. 11. I have had sufficient time to fully consider and make this decision to waive my right to a jury trial. 12. I understand this decision is entirely up to me and is my own free, voluntary choice. 13. I hereby forever waive my right to have my case tried by a jury and instead agree to have my case tried by the judge alone. DATE DEFENDANT SIGNATURE CERTIFICATE OF COUNSEL I certify that I have explained the foregoing “Waiver of Trial by Jury” form to the Defendant and with the assistance of an interpreter, if applicable; I believe Defendant understands the document in its entirety; the statements contained therein conform with my understanding of Defendant’s position; I believe Defendant’s waiver is made with a voluntary, knowing and intelligent understanding of the defendant’s right to a jury trial, as well as, the potential advantages and disadvantages of waiving the defendant’s right to a jury trial,; and that Defendant signed the foregoing in my presence. DATE ATTORNEY FOR DEFENDANT SIGNATURE DATE JUDGE SIGNATURE (2/3/21)
Form M HAWAIʻI RULES OF PENAL PROCEDURE HRPP--76 (Release: 12/25) Form M STATE OF HAWAIʻI ________________COURT OF THE __________ CIRCUIT WAIVER OF INDICTMENT CASE NUMBER REPORT NUMBER(S) STATE OF HAWAIʻI vs. (DEFENDANT) CHARGE(S): VIOLATION OF HRS SECTION(S): I, the above-named Defendant, have read completely this waiver form and discussed it thoroughly with my attorney, with the assistance of an interpreter, if applicable, and hereby waive my right to an indictment in this matter. I acknowledge the following in accordance with Rule 7(c) of the Hawaiʻi Rules of Penal Procedure: 1. I am aware that I have a constitutional right to require the State to establish probable cause before the State can begin formal felony prosecution in circuit court. 2. That, in order to establish probable cause, the State must offer sufficient evidence to “lead a person or ordinary caution or prudence to believe and conscientiously entertain a strong suspicion” that I committed the felony charged, or an included felony. 3. That, if a grand jury concludes that the State has established probable cause and if the grand jury returns an indictment, I would then have the right to obtain written transcripts of the grand jury proceeding, and these transcripts might help me in preparing for trial. 4. That, by waiving an indictment, I am giving up the right to probable cause determination and am also giving up the right to obtain written transcripts of the grand jury proceeding or preliminary hearing, or exhibit(s) supporting an information. I fully understand the nature of these rights and that the decision to give up these rights is entirely up to me. DATE DEFENDANT’S SIGNATURE CERTIFICATE OF COUNSEL I certify that I have explained the foregoing “Waiver of Indictment” form to the Defendant, that I believe Defendant understands the document in its entirety; that the statements contained therein are in conformity with my understanding of Defendant’s position,; that I believe Defendant’s waiver is made knowingly, voluntarily and with intelligent understanding of the nature of the charge(s) and consequences of said waiver; and that Defendant signed the foregoing in my presence. DATE ATTORNEY FOR DEFENDANT SIGNATURE If you need an accommodation for a disability when participating in a court program, service, or activity, please contact the ADA Coordinator as far in advance as possible to allow time to provide an accommodation. • Call the ADA Coordinator at (phone number) • Send an e-mail to [email protected] The ADA Coordinator will try to provide, but cannot guarantee, the requested auxiliary aid, service, or accommodation.