HRS §626:1-1102
Courts cannot comment on evidence in trials
This rule stops judges from commenting on evidence in any case. It does not change the court's power to take judicial notice or use legal presumptions. The rule is about what judges can say, not about other court duties.
courts
The statute, as written — ; am L 1972, c 89, §2B(e); and L 1932 2d, c 24, §2). §635-15 authorized the court to "charge the jury whether there is or is not evidence, indicating the evidence, if any, tending to establish or rebu
t any specific fact involved in the case." §635-17 authorized the court, "in a criminal case, [to] make such comment on the evidence and the testimony and credibility of any witness as in its opinion is necessary for the proper determination of the case." The present rule precludes "comment upon the evidence" in all cases. This of course is not intended to restrict the court's function set forth in Article II (judicial notice) and Article III (presumptions).
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