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HRS §635-12

When a judge decides a case without a jury

This section explains when a judge, not a jury, decides a case. It also says that even if a jury trial is not required or is waived, a jury may still be used in certain situations, like when both sides agree or a court allows it.

everyone

The statute, as written — No jury, when

(a) When there is no right of trial by jury, or the right has been waived, the issues shall be determined by the judge without the intervention of a jury. (b) Whenever provision is made by statute for trial without the intervention of a jury, the same shall not be deemed to preclude trial of an issue with an advisory jury, or trial by jury by consent of the parties. (c) Whenever a statute provides for waiver of a jury, the same shall not be deemed to preclude trial by jury when, in accordance with the rules of court: (1) An order of the court relieves a party from the party's waiver; or (2) Approval of or consent to the waiver is required in a criminal case and has not been given.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.