§635-13 Jury, when of right. When the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury. CC 1859, §1130; am L 1909, c 23, §1; RL 1925, §2367; RL 1935, §4098; RL 1945, §10108; RL 1955, §231-8; HRS §635-13; am L 1972, c 89, §2B(c)

Rules of Court

Demand for jury trial, see HRCP rules 38, 39; DCRCP rule 38; waiver, see HRPP rule 23.

Law Journals and Reviews

Blast It All: Allen Charges and the Dangers of Playing With Dynamite. 32 UH L. Rev. 323 (2010).

Case Notes

Jury trial, when available. 50 H. 528, 445 P.2d 376 (1968).

Based on the established common law convention of this jurisdiction at the time of adoption of the state constitution, as a general matter, a right to jury trial exists in state eminent domain proceedings. 91 H. 81, 979 P.2d 1107 (1999).

Where third party leasing agents were not parties to lease agreement between landlord and tenant, express waiver of right to jury trial in agreement did not apply to those third parties. 85 H. 300 (App.), 944 P.2d 97 (1997).

Cases prior to adoption of the Hawaii Rules of Civil Procedure.

Jury trial may be waived by inaction as well as by positive acts of the parties. Demand for jury trial in complaint is insufficient. 24 H. 777, 780 (1919). See 28 H. 350, 364 (1925); 10 F.2d 474, 477 (1926).

District magistrate may try a defendant after defendant has demanded a jury trial. 27 H. 844 (1924).

Cited: 3 H. 546, 547 (1874).

See 33 H. 103 (1934); 33 H. 167 (1934); 33 H. 247 (1934); 33 H. 315 (1935) (construction of writing); 33 H. 523 (1935) (directed verdict); 33 H. 745 (1936) (experiments); 34 H. 35 (1936) (nonsuit); 34 H. 632 (1938) (misconduct).