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Home/State Laws/Hawaii

Hawaii Mock Trial Rules

West

HI · Capital: Honolulu

Evidence Rules

Hawaii Rules of Evidence

Citation: HRE 101–1103

Key Differences from Federal Rules of Evidence

  • HRE 404(b) places the burden on the prosecution to demonstrate other-acts evidence is relevant to a material fact and its probative value is not substantially outweighed by prejudice (stricter than FRE)
  • HRE 702 adopts a reliability-focused standard for expert testimony, blending Daubert factors with the state's own case law under State v. Vliet
  • HRE 803(b)(4) expands the medical diagnosis hearsay exception to include statements made to social workers and counselors in child abuse cases

Notable Rules

RuleDescription
HRE 616Permits evidence of a witness's bias, interest, or motive to be shown by extrinsic evidence without first confronting the witness (broader than FRE approach)
HRE 412Hawaii's rape shield rule prohibits opinion or reputation evidence of a complainant's sexual conduct; exceptions are limited to prior sexual conduct with the defendant and constitutionally required evidence

Trial Procedure

Civil Procedure

Haw. R. Civ. P.

Criminal Procedure

Haw. R. Penal P.

Key Features

  • Hawaii has a unified state judiciary with Circuit Courts as general jurisdiction trial courts
  • District Courts handle cases involving amounts under $40,000 and misdemeanors, using bench trials unless jury trial is demanded
  • Hawaii requires mandatory arbitration for civil cases under $150,000 through the Court Annexed Arbitration Program (CAAP)

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

Yes

Unanimity Required

  • Civil juries consist of 6 jurors in District Court; 12 in Circuit Court. Agreement of all jurors required
  • Criminal juries consist of 12 jurors for felonies and require unanimous verdicts
  • Hawaii allows jurors to submit written questions to witnesses with court approval

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