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Hawaii Revised Statutes

Haw. Rev. Stat. § 571-42 (2025)

  Procedure in adult cases

✓ laws through the 2025 session: the 2026 session is not included
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     §571-42  Procedure in adult cases.  (a)  In any criminal proceeding arising under section 571-14, except as to cases involving abuse of a family or household member, the court, with the consent of the defendant or the parties in interest, may make a preliminary investigation and such adjustment as is practicable, without prosecution.  The procedure and disposition applicable in the trial of cases arising under section 571-14, including cases involving abuse of a family or household member, in a criminal court shall be applicable to any trial of these cases by the family court.  On request of the court, the appropriate prosecuting officer shall prepare and prosecute any criminal case within the purview of section 571-14.

     (b)  Where in the judge's opinion it is necessary to protect the welfare of the persons before the court, the judge may conduct hearings in chambers and may exclude persons having no direct interest in the case.

     (c)  In proceedings arising under section [571-14(a)(3), (4), or (5)], the court may make a preliminary investigation and, with the consent of the parties in interest, may make such adjustment as is practicable without further formal procedures.

     (d)  In any noncriminal proceeding arising under section 571-14, any findings of fact or disposition shall be based upon a preponderance of evidence admissible under the rules of evidence applicable to the trial of civil cases. [L 1965, c 232, pt of §1; Supp, §333-20; HRS §571-42; am L 1976, c 85, §10; gen ch 1985; am L 1997, c 25, §1]

 

Rules of Court

 

  Findings by court, see HFCR rule 52.

 

Case Notes

 

  Informal adjustment is clearly addressed to the discretion of the trial court.  8 H. App. 497, 810 P.2d 668 (1991).

  Informal adjustment done after defendant entered guilty plea to charge of abuse of family and household members (§709-906), was not done "without prosecution".  10 H. App. 148, 861 P.2d 759 (1993).

  No equal protection violation for use of preponderance of evidence standard of proof for §586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders.  85 H. 197 (App.), 940 P.2d 404 (1997).

  Under §571-14(a)(8) and this section, family court is vested with exclusive jurisdiction over chapter 586 proceedings and applicable standard of proof to be applied in those proceedings is preponderance of the evidence.  85 H. 197 (App.), 940 P.2d 404 (1997).

 

 

Notes of Decisions
Cited in 4 cases, 1990–1997 · leading case: Coyle v. Compton, 940 P.2d 404 (Haw. App. 1997).
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Coyle v. Compton, 940 P.2d 404 (Haw. App. 1997). · cites it 4× “” In that connection, HRS § 571-42 (1993) directs that, “[i]n any noncriminal proceeding arising under [HRS §]571—14 [the jurisdiction of the family courts], any findings of fact or disposition shall be based upon a preponderance of evidence admissible under the rules of…”
State v. Dunn, 798 P.2d 908 (Haw. App. 1990). · cites it 6× “On October 9,1987, Defendant orally moved for an investigation and informal adjustment under HRS § 571-42 (1985). 6 The *242 case was continued to October 30,1987, to give Defendant’s counsel time to file a formal motion (Motion), which he did on October 29,1987.”
State v. Thomas, 810 P.2d 668 (Haw. App. 1991). · cites it 8× “On the day of trial, before any witnesses were called, Thomas’ attorney made an oral motion for informal adjustment pursuant to *499 HRS § 571-42 (1985). 4 Jozan testified at a hearing on the motion that she favored informal adjustment; she did not want Thomas to go to jail,…”
State v. Wong, 861 P.2d 759 (Haw. App. 1993). · cites it 12× “On May 29,1990, Wong filed a “Motion for Order for Preliminary Investigation and Such Adjustment as is Practicable Without Criminal Prosecution” (May 29,1990 Motion) pursuant to HRS § 571-42 (1985). The family court’s June 26, 1990 order (June 26, 1990 Order) purported to grant…”
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