§635-14 Reference.

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§635-14 Reference. In matters within the jurisdiction of circuit courts as set forth in sections 603-21.6 and 603-21.7, and in civil actions not within such jurisdiction if so provided by statute or rule of court, a reference to a master may be ordered. [CC 1859, §§1137, 1138; am L 1909, c 23, §2 and c 117, §1; am L 1913, c 72, §1; RL 1925, §§2369, 2370; RL 1935, §§4101, 4102; RL 1945, §§10106, 10107; RL 1955, §§231-6, 231-7; HRS §635-14; am L 1972, c 89, §2B(d)]

Case Notes

Provision for decision in writing, effect of Hawaii Rules of Civil Procedure. 42 H. 169 (1957).

Demand for jury trial, waiver. 44 H. 290, 353 P.2d 998 (1960); 45 H. 232, 243, 364 P.2d 646 (1961).

Cases prior to adoption of the Hawaii Rules of Civil Procedure.

Trial is by court and decision is by court. 7 H. 333 (1888).

Jury waived case heard in term; judgment may be rendered in vacation. 10 H. 327 (1896).

Jurors are not officers of the government. 11 H. 571, 577 (1898).

Decision not being in writing is voidable. 11 H. 705 (1899); 20 H. 613 (1911); 22 H. 353, 356 (1914).

Waiver in civil cases, by action, conduct or words. 15 H. 59 (1903).

Judgment incorporating findings signed by judge as well as clerk sufficient. 16 H. 799 (1905); 20 H. 516 (1911).

Decision need not contain special findings of fact. 18 H. 81 (1906); 18 H. 427 (1907).

As to weight of formal compliance. 19 H. 421 (1909).

Decision must give reasons. 20 H. 192 (1910); 33 H. 416 (1935); 34 H. 679 (1938).

Failure to state reasons for decision is reversible error. 20 H. 192 (1910); 23 H. 761 (1917); 26 H. 178 (1921).

Revised decision. 20 H. 648 (1911).

Sufficiency of exception to decision. 21 H. 258 (1912).

Decision in writing not required when defendant confesses judgment. 21 H. 311 (1912).

In jury waived case court may reconsider and set aside its decision. 21 H. 551 (1913).

Proper exception. 22 H. 507, 509 (1915).

Exceptions to the oral decision and to the overruling of a motion for a new trial before the written decision was filed, present nothing for the consideration of the appellate court. 22 H. 673, 680 (1915).

Trial court should liberally comply with this statute. 24 H. 1, 5 (1917).

Prayer for process is not a demand for a jury. Filing of a demand by either party fixes the status of the case as a jury case which cannot be changed except by agreement of the parties; demand filed before case is at issue is not premature. 24 H. 777, 781 (1919); 25 H. 378 (1920).

Ruling denying defendant's motion for nonsuit at close of plaintiff's evidence in rebuttal will not be disturbed if evidence would have justified submitting questions of fact to a jury. 25 H. 470, 476 (1920).

The decision is equivalent to the verdict of a jury and will not be disturbed if there is evidence to support it. 25 H. 483, 489 (1920); 29 H. 250 (1926).

The court's "reasons" may be by adoption or confirmation of findings appealed from. 26 H. 785 (1923).

"Reasons" defined. 27 H. 20 (1923); 29 H. 548 (1927); 41 H. 191 (1955).

Binding effect upon appellate court of "reasons" assigned. 27 H. 544, 553 (1923).

The court's reasons are referable to material and not immaterial issues. 27 H. 544 (1923).

Suit in equity: Although a civil suit, right to a jury trial is not conferred on parties. 29 H. 73, 77 (1926).

This section not applicable to probate judge at chambers. 29 H. 73 (1926).

Stipulation in bond not amounted to waiver. 32 H. 109, 175 (1931).

Account stated. 32 H. 270, 275 (1932).

Exceptions to oral decision ineffective and present nothing for appellate consideration. 39 H. 93 (1951).

Waiver of jury trial. 41 H. 231 (1955).