IMPANELING,
SEGREGATION OF JURY
§635-26 Impaneling. (a) At the trial
of any cause requiring a jury in any circuit or district court, the clerk of
the court shall draw a jury by lot, to the number of twelve, from the box
containing the names of persons who have been duly summoned to attend as trial
jurors and who are not excused from attendance. If any of the twelve are
challenged and set aside, the clerk shall continue to draw by lot from the box
until twelve impartial jurors are obtained, who then shall be sworn as the
jurors for the trial of the cause. If so directed by the court, additional
jurors shall be drawn and impaneled to sit as alternate jurors.
(b) Upon the stipulation of the parties, the
jury may consist of a number less than twelve. [L 1903, c 38, §12; RL 1925,
§2415; RL 1935, §3733; RL 1945, §10109; RL 1955, §231-9; HRS §635-26; am L
1972, c 89, §2B(f), (g); am L 1993, c 104, §3]
Cross References
Jurors, see chapter 612.
Rules of Court
Alternate jurors, see HRCP rule 47(b); HRPP rule 24(c). Jury
of less than twelve when stipulated, see HRCP rule 48; HRPP rule 23(b).
Attorney General Opinions
Because proposed amendment to this section conflicted with
§13 of article I of state constitution, a constitutional amendment for changing
number of jury members in civil cases, where there is no agreement by the
parties, was required. Att. Gen. Op. 97-2.
Law Journals and Reviews
The Protection of Individual Rights Under Hawai‘i's
Constitution. 14 UH L. Rev. 311 (1992).
Case Notes
Oath requiring jury to give a true verdict according to the
law and the evidence in the case before the court, is sufficient without adding
to truly try the issues. 18 H. 263 (1907).
Section requires "strike and replace jury" method
of impanelment in contrast to "struck jury" method used by trial
judge. 73 H. 100, 828 P.2d 276 (1992).
Notes of Decisions
Cited in
6
cases, 1986–2002 · leading case:
State v. Mara, 41 P.3d 157 (Haw. 2002).
State v. Mara, 41 P.3d 157 (Haw. 2002).
· cites it 20× “HRS § 635-26, in contrast, required that, as individuals were excused from the jury box, replacements be chosen at random.”
State v. Echineque, 828 P.2d 276 (Haw. 1992).
· cites it 9× “HRS § 635-26 provides as follows: Impaneling, (a) At the trial of any cause requiring a jury, in any circuit court, the clerk of the court shall draw by lot such jury, to the number of twelve, .”
State v. Hansford, 580 N.W.2d 171 (Wis. 1998).
“23; Haw. Rev. Stat. § 635-26 , 806-60 (1993); 725 Ill.”
State v. Timas, 923 P.2d 916 (Haw. App. 1996).
· cites it 2× “Alternate jurors are authorized by HRS § 635-26 (1985) which provides in relevant part as follows: [I]f so directed by the court, additional jurors shall be drawn and impaneled to sit as alternate jurors.”
State v. Shiroma, 855 P.2d 34 (Haw. App. 1993).
· cites it 2× “The fact that the jury was not selected as required by HRS § 635-26(a) did not negatively and seriously affect the fairness, integrity, or public reputation of Shiroma’s jury trial.”
Kaowili v. Raymark Indus., Inc., 727 P.2d 67 (Haw. 1986).
· cites it 2× “HRS § 635-26(a) provides: Impaneling, (a) At the trial of any cause requiring a jury, in any circuit court, the clerk of the court shall draw by lot such jury, to the number of twelve, from the box containing the names of such persons as have been duly summoned to attend as…”
— Haw. Rev. Stat. § 635-26(a) — 4 cases
State v. Mara, 41 P.3d 157 (Haw. 2002).
“HRS § 635-26, in contrast, required that, as individuals were excused from the jury box, replacements be chosen at random.”
State v. Echineque, 828 P.2d 276 (Haw. 1992).
“HRS § 635-26 provides as follows: Impaneling, (a) At the trial of any cause requiring a jury, in any circuit court, the clerk of the court shall draw by lot such jury, to the number of twelve, .”
State v. Shiroma, 855 P.2d 34 (Haw. App. 1993).
“The fact that the jury was not selected as required by HRS § 635-26(a) did not negatively and seriously affect the fairness, integrity, or public reputation of Shiroma’s jury trial.”
Kaowili v. Raymark Indus., Inc., 727 P.2d 67 (Haw. 1986).
“HRS § 635-26(a) provides: Impaneling, (a) At the trial of any cause requiring a jury, in any circuit court, the clerk of the court shall draw by lot such jury, to the number of twelve, from the box containing the names of such persons as have been duly summoned to attend as…”
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treatment. Dots show Syfertize treatment of the citing case itself.