Home / Procedure
Procedure & evidence
How a case is built and proven, from two sources: the procedure statutes (HRS) and the court rules (HRPP).
Procedure statutes (HRS)
Hawaiʻi Rules of Penal Procedure (HRPP)
The court rules governing arrest, warrants, grand jury, discovery, subpoenas, and search & seizure (Rule 41). Current source, courts.state.hi.us.
- Rule 1Scope; Interpretation; Effects of E-Filing and Automation
- Rule 2Purpose and Construction
- Rule 2.2Form of Pleadings and Motions
- Rule 2.3Definitions
- Rule 3Application for Arrest Warrant
- Rule 4Eligibility; Registration Required
- Rule 5Proceedings Following Arrest
- Rule 6Grand Jury
- Rule 7Indictment, Information, or Complaint
- Rule 8Joinder of Offenses and Defendants
- Rule 9Obtaining the Appearance of Defendant
- Rule 10Arraignment in Circuit Court
- Rule 11Pleas
- Rule 12Pleadings and Motions Before Trial; Defenses and Objections
- Rule 12.1Notice of Alibi
- Rule 12.2Trial Setting Under Special Circumstances
- Rule 13Consolidation
- Rule 14Relief From Prejudicial Joinder
- Rule 15Depositions
- Rule 16Discovery
- Rule 16.1Discovery Procedures for Non-Felony Criminal and Criminal Traffic Cases
- Rule 17Subpoena
- Rule 17.1Pretrial Conference
- Rule 18Venue
- Rule 21Transfer From District or Circuit for Trial
- Rule 22Time of Motion to Transfer
- Rule 23Trial By Jury or By the Court
- Rule 24Trial Jurors
- Rule 24.1Conduct of a Trial
- Rule 25Judge; Disability
- Rule 26Evidence
- Rule 27Proof of Official Record
- Rule 28Expert Witnesses and Interpreters
- Rule 29Motion for Judgment of Acquittal
- Rule 30Instructions to the Jury
- Rule 31Verdict
- Rule 32Sentence and Judgment
- Rule 33New Trial
- Rule 34Arrest of Judgment
- Rule 35Correction or Reduction of Sentence
- Rule 36Clerical Mistakes
- Rule 38Stipulations and Orders
- Rule 39Titles to Orders
- Rule 40Post-Conviction Proceeding
- Rule 41Search and Seizure
- Rule 42Filing Procedure By the Clerk
- Rule 42.1Ex Officio Filing
- Rule 42.2Withdrawal of Documents
- Rule 42.3Procedures for Processing Post-Conviction Documents
- Rule 43Presence of the Defendant
- Rule 44Appointed-Counsel Fees and Necessary Expenses
- Rule 45Time
- Rule 46Bail; Bond
- Rule 47Motions, Affidavit or Declaration, and Responses
- Rule 48Dismissal
- Rule 49Service of Documents On Parties and Proof Thereof; Notice of Entry of Orders and Judgments; Filing of Documents
- Rule 50Calendars
- Rule 50.1Preparation of Clerk'S Minutes and Exhibit Lists; Withdrawal of Exhibits
- Rule 51Exceptions
- Rule 52Harmless Error and Plain Error
- Rule 53Regulation of Conduct in Courtroom
- Rule 54Application and Exceptions
- Rule 55Recording of Testimony and Proceedings
- Rule 56Courts and Clerks
- Rule 57Withdrawal of Counsel
- Rule 58Appearance By Telephone
- Rule 59Effective Date
- Rule 60Title
Search & seizure — orientation
Search-and-seizure law comes from three layers, in order of authority: the U.S. Constitution (4th Amendment) and Hawaiʻi Constitution, Article I §7 (which is often read to give broader protection than the federal floor); the procedure in HRPP Rule 41 and HRS ch. 803; and the case law interpreting them.
This app carries the statutes and rules (primary sources) but not the case law. For the controlling decisions, use an authoritative reporter or your agency’s legal resources — and confirm current law with the deputy attorney general on your matter.