2020 Hawaii Revised Statutes
Title 34. Pleadings and Procedure
635. Trials
635-30 Peremptory challenges, criminal cases.
§635-30 Peremptory challenges, criminal cases. In criminal cases, if the offense charged is punishable by life imprisonment, each side is entitled to twelve peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed six challenges. In all other criminal trials by jury each side is entitled to three peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed two challenges. In all cases the State shall be allowed as many challenges as are allowed to all defendants. [L 1903, c 38, §21; am L 1915, c 73, §1; RL 1925, §2419; am L 1932 1st, c 11, §2; RL 1935, §3737; RL 1945, §10113; RL 1955, §231-13; am imp L 1957, c 282; HRS §635-30; am L 1972, c 89, §2B(k)]
Rules of Court
See HRPP rule 24(b).
Sequence for challenging jurors, see RCC rule 17(f).
Law Journals and Reviews
State v. Levinson: Limitations on a Criminal Defendant's Use of Peremptory Challenges. 13 UH L. Rev. 279 (1991).
Case Notes
Where four joint defendants joined in each of ten challenges, held that they had exercised their full right of challenge, although each would have been allowed ten challenges if taken separately. 3 H. 90 (1869).
Defendant allowed twelve peremptory challenges only when the charged offense itself carries penalty of life imprisonment. 65 H. 354, 652 P.2d 1119 (1982).
Circuit court plainly erred where, during jury selection, it removed two jurors for cause on the motion of respondent after the jury panel already had been passed for cause, and defendant and respondent had already exhausted their peremptory challenges; this procedure violated rule 24 of the HRPP, which provides that challenges for cause may be made at any time prior to the exercise of peremptory challenges, and in effect abrogated the parity in the number of peremptories each side is guaranteed pursuant to this section. 127 H. 415, 279 P.3d 683 (2012).
