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HI · rules

Haw. R. Penal P. 54

APPLICATION AND EXCEPTIONS

activein force · 2026-07-09 – presentcompiled-edition

(a) Courts. These rules apply to all penal proceedings in all courts of the State of Hawaiʻi, except as provided in subsection (b) of this rule.

(b) Proceedings. These rules shall not apply to extradition and rendition of fugitives; forfeiture of property for violation of law; the collection of fines and penalties; contempt proceedings which are treated by the court as petty misdemeanors; family court proceedings under section 571-11 of Hawaiʻi Revised Statutes; and statutory proceedings in which a specific procedure is provided for as part of the statute creating the offense.

(c) Application of terms. As used in these rules the following definitions shall apply:

(1) "civil action" refers to a civil action in the circuit court.

(2) "prosecutor" means the State attorney general, the county prosecutor or county attorney, and any of their respective assistants or deputies, who are authorized to prosecute defendants in the courts.

(3) "demurrer," "motion to quash," "plea in abatement," "plea in bar," "special plea in bar," and other words to the same effect in any statute shall be construed to mean the motion raising a defense or objection as provided in Rule 12.

(d) Conflict. If there is any conflict between these rules and the Rules of the District Courts of the State of Hawaiʻi or the Rules of the Circuit Courts of the State of Hawaiʻi, then the Hawaiʻi Rules of Penal Procedure shall govern.

Provenance

Source
www.courts.state.hi.us
Retrieved
2026-10-02
Edition
supplied-hi-01-2026-07-09
Content hash
c6e6d52c44aff0954049b10d107651b75863c82c62fcb1804f97b0e203cfeea3
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