§806-61 Waiver of jury.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§806-61 Waiver of jury. The defendant in any criminal case may, with the consent of the court, waive the right to a trial by jury either by written consent filed in court or by oral consent in open court entered on the minutes. Any case in which a trial by jury is waived may be tried by the court without a jury both as to the facts and the law, and when the trial has been had there shall be no further trial upon the facts, except upon the granting of a new trial according to law. [L 1903, c 9, §1; RL 1925, §4028; am L 1931, c 36, §1; RL 1935, §5524; RL 1945, §10825; RL 1955, §258-35; am L 1957, c 282, §10; HRS §711-61; ren L 1972, c 9, pt of §1]

Rules of Court

Waiver of trial by jury, see HRPP rule 23(a).

Case Notes

Facts insufficient to constitute waiver. 38 H. 178 (1948).

Method of waiver exclusive and requires substantial compliance. 39 H. 613 (1952).

Referred to in holding that court has summary jurisdiction over "petty" offenses not constitutionally required to be tried by jury. 51 H. 612, 466 P.2d 422 (1970).

Cited: 82 F. Supp. 65, 83 (1948), 20 H. 71, 95 (1910); 33 H. 113, 125 (1934).