2011 Hawaii Code
DIVISION 4. COURTS AND JUDICIAL PROCEEDINGS
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
662. State Tort Liability Act
§662-5 Jury.


HI Rev Stat § 662-5 (2011 through Reg Sess) What's This?

§662-5 Jury. Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right. [L 1957, c 312, pt of §1; Supp, §245A-5; HRS §662-5; am L 1979, c 152, §2]

Case Notes

This section held not to entitle county of Hawaii to nonjury trial. 57 H. 656, 562 P.2d 436.

Consent to trial cannot be involuntary or implied. 6 H. App. 582, 733 P.2d 1224.

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