§635-13 Jury, when of right. When the
right of trial by jury is given by the Constitution or a statute of the United
States or this State and the right has not been waived, the case shall be tried
with a jury. [CC 1859, §1130; am L 1909, c 23, §1; RL 1925, §2367; RL 1935,
§4098; RL 1945, §10108; RL 1955, §231-8; HRS §635-13; am L 1972, c 89, §2B(c)]
Rules of Court
Demand for jury trial, see HRCP rules 38, 39; DCRCP rule 38;
waiver, see HRPP rule 23.
Law Journals and Reviews
Blast It All: Allen Charges and the Dangers of Playing With
Dynamite. 32 UH L. Rev. 323 (2010).
Case Notes
Jury trial, when available. 50 H. 528, 445 P.2d 376 (1968).
Based on the established common law convention of this
jurisdiction at the time of adoption of the state constitution, as a general
matter, a right to jury trial exists in state eminent domain proceedings. 91
H. 81, 979 P.2d 1107 (1999).
Where third party leasing agents were not parties to lease
agreement between landlord and tenant, express waiver of right to jury trial in
agreement did not apply to those third parties. 85 H. 300 (App.), 944 P.2d 97
(1997).
Cases prior to adoption of the Hawaii Rules of Civil
Procedure.
Jury trial may be waived by inaction as well as by positive
acts of the parties. Demand for jury trial in complaint is insufficient. 24
H. 777, 780 (1919). See 28 H. 350, 364 (1925); 10 F.2d 474, 477 (1926).
District magistrate may try a defendant after defendant has
demanded a jury trial. 27 H. 844 (1924).
Cited: 3 H. 546, 547 (1874).
See 33 H. 103 (1934); 33 H. 167 (1934); 33 H. 247 (1934); 33
H. 315 (1935) (construction of writing); 33 H. 523 (1935) (directed verdict);
33 H. 745 (1936) (experiments); 34 H. 35 (1936) (nonsuit); 34 H. 632 (1938)
(misconduct).
Notes of Decisions
Cited in
7
cases, 1989–2013 · leading case:
State v. Arceo, 928 P.2d 843 (Haw. 1996).
State v. Arceo, 928 P.2d 843 (Haw. 1996).
· cites it 4× “With respect to both criminal and civil trials, HRS § 635-13 (1993) provides that "[w]hen the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury.”
Hous. Fin. & Dev. Corp. v. Ferguson, 979 P.2d 1107 (Haw. 1999).
· cites it 6× “HRS § 635-13 (1993) states: “When the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury.”
Douglass v. Pflueger Hawaii, Inc., 135 P.3d 129 (Haw. 2006).
· cites it 2× “2d 1032, 1033 (1972) (stating that the supreme court “will indulge every reasonable presumption against the waiver” of the right to a jury trial); HRS § 635-13 (Supp.2005) (stating that “[w]hen the right of trial by jury is given by the Constitution or a statute of the United…”
Siopes v. Kaiser Found. Health Plan, Inc.., 312 P.3d 869 (Haw. 2013).
· cites it 2× “) The right to a jury trial is further protected by HRS § 635-13, which states that “[w]hen the right of trial by jury is given by the Constitution .”
Lum v. Sun, 769 P.2d 1091 (Haw. 1989).
· cites it 2× “” HRS § 635-13. 7 The district courts, as we noted at the outset, must “try and determine all actions without a jury[.”
Pancakes of Hawaii, Inc. v. Pomare Props. Corp., 944 P.2d 97 (Haw. App. 1997).
“” Hawai'i Revised Statutes § 635-13 (1993). Completing the trilogy, the Hawai'i Supreme Court acknowledged this right in the Hawai'i Rules of Civil Procedure (HRCP): “The right of trial by jury as given by the Constitution or a statute of the State or the United States shall be…”
Chuck Jones & MacLaren v. Williams, 71 P.3d 437 (Haw. App. 2003).
“” [HRS] § 635-13 (1993). Completing the trilogy, the Hawai'i Supreme Court acknowledged this right in the [HRCP]: "The right of trial by jury as given by the Constitution or a statute of the state or the United States shall be preserved to the parties inviolate.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.