HI · rules
Haw. R. Penal P. 24.1
CONDUCT OF A TRIAL
(a) Sequence of presentation. Subject to the orders of the court, which may alter the sequence of presentation of the case when there are numerous parties or for other reasons:
(1) The prosecutor in a criminal case shall have the right to make an opening statement. The defendant shall also have the right to make an opening statement, either immediately after the prosecutor's statement or at the beginning of defendant's case.
(2) After the opening statement or statements, the prosecutor shall produce the evidence in chief.
(3) The defendant may then open the defense and offer evidence in support thereof.
(4) The parties may then respectively offer rebutting evidence only.
(5) When the presentation of evidence is concluded, unless the case is submitted on either side or both sides without argument, the prosecutor shall open the argument; the defendant may then reply; and the prosecutor may conclude the argument, and in conclusion shall confine the argument to answering any new matter or arguments presented by the defendant. In the event the defendant has presented an affirmative defense, the court may allow surrebuttal argument but shall confine counsel to answering or otherwise responding to the arguments presented by the prosecutor on the issue of the affirmative defense.
(b) Fair argument. In addressing the jury, each party shall be allowed to fully and fairly state the party's theory of the case and the reasons that entitle the party to a verdict.
(c) Presence of counsel at verdict. Unless excused by the court, counsel for all parties shall be present upon receiving the verdict of a jury.
(d) Limitations on number of counsel. Except by leave of court, only one counsel for each party shall examine and cross-examine the same witness or be heard on any question.
(Added February 4, 2000, effective July 1, 2000; further amended July 9, 2025, effective January 1, 2026.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-01-2026-07-09
- Content hash
39e5258e267aee001ebd73c57b83b1b628827ad74d0665227b252d8ce851cb46
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