§701-117 Prima facie evidence. Prima
facie evidence of a fact is evidence which, if accepted in its entirety by the
trier of fact, is sufficient to prove the fact. Prima facie evidence
provisions in this Code are governed by section 626-1, rule 306. [L 1972, c 9,
pt of §1; am L 1986, c 314, §3]
COMMENTARY ON §701-117
In drafting the Code, we have substituted the concept of
prima facie evidence for presumptions, which appear to create insurmountable
difficulties for lawyers, courts, and juries. Often it is desirable to enable
the prosecution to get to the jury on something less than positive proof of a
fact which may be almost solely within the knowledge of the defendant. As an
example, §701-106(4) makes proof of the finding of a body of a homicide victim
within the State prima facie evidence that the bodily impact causing death or
the death itself occurred within the State, giving Hawaii's courts
jurisdiction. Obviously it may be very difficult to prove where the criminal
result occurred, and the presence of the body is a good indication that the
result occurred here. On the other hand, although the prosecution's case gets
to the jury on this point, the defendant can win by suggesting a reasonable
doubt that the death or bodily impact did occur within the State. Thus, the
prima facie evidence rule helps the prosecution to get its case to the jury
without necessarily meeting its burden of persuasion. This is consistent with
modern rules of evidence. See California Evidence Code §§601-02, 604.
Law Journals and Reviews
The Lum Court and the First Amendment. 14 UH L. Rev. 395
(1992).
Case Notes
Section merely creates a permissible inference of fact. 57
H. 526, 560 P.2d 110 (1977); 61 H. 99, 595 P.2d 1072 (1979).
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1977–2023 · leading case:
State v. Pone, 892 P.2d 455 (Haw. 1995).
State v. Pone, 892 P.2d 455 (Haw. 1995).
· cites it 22× “HRS § 701-117 (1985), entitled “[p]rima facie evidence,” provided that “[pjrima facie evidence of a fact is evidence which, if accepted in its entirety by the trier of fact, is sufficient to prove the fact, provided that no evidence negativing the fact, which raises a reasonable…”
State v. Bumanglag, 634 P.2d 80 (Haw. 1981).
· cites it 10× “[,] and HRS § 701-117, reading: Prima facie evidence of a fact is evidence which, if accepted in its entirety by the trier of fact, is sufficient to prove the fact, pro *617 vided that no evidence negativing the fact, which raises a reasonable doubt in the mind of the trier of…”
State v. Brighter, 595 P.2d 1072 (Haw. 1979).
· cites it 8× “The phrase “prima facie evidence”, defined in HRS § 701-117 (1976), constitutes a permissive inference, thus permitting— but not compelling— the inference of guilt.”
State v. Mitchell, 965 P.2d 149 (Haw. App. 1998).
· cites it 8× “In order to safeguard an accused’s well-established due process rights, common law and statutory presumptions in our jurisdiction are governed by HRE Rule 306, HRS § 701-117 (1993), which provides, in pertinent part: Presumptions in criminal proceedings.”
State v. Dwyer, 560 P.2d 110 (Haw. 1977).
· cites it 5× “HRS § 701-117 provides: § 701-117 Prima facie evidence.”
State v. Angei., 526 P.3d 461 (Haw. 2023).
· cites it 2× “13 HRS § 701-117 states: “Prima facie evidence of a fact is evidence which, if accepted in its entirety by the trier of fact, is sufficient to prove the fact.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.