§806-48 Postponement.

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§806-48 Postponement. No person prosecuted shall be entitled as of right to traverse or postpone the trial of any indictment preferred against the person, or to have time to plead or demur to the indictment allowed the person; provided always that if the court before which any person is indicted upon the application of the person or otherwise, is of opinion that the person ought to be allowed a further time to plead, or demur, or to prepare for the person's defense, or otherwise, the court may grant further time to plead, or demur, or may adjourn the receiving or taking of the plea, or demurrer, and the trial (or as the case may be) of the person to the next or any subsequent term of the court, and upon such terms as to bail or otherwise as to the court shall seem meet. [L 1876, c 40, §34;

RL 1925, §4069; RL 1935, §5518; RL 1945, §10821; RL 1955, §258-31; HRS §711-48; ren L 1972, c 9, pt of §1; gen ch 1985]

Rules of Court

Time; enlargement, see HRPP rule 45(b).

Motion in lieu of demurrer, see HRPP rule 12(a).

Case Notes

See 3 H. 90 (1869); 33 H. 113 (1934); 40 H. 79 (1953), aff'd 210 F.2d 552 (1954).