HRS §806-88
How a judge decides a motion to dismiss
When a defendant asks the court to dismiss the charges, the judge looks at the charging document and any evidence from a hearing to decide if there is probable cause. The judge can rely on hearsay or evidence that might not be allowed at trial.
courts
The statute, as written — Ruling on motion to dismiss
(a) The court shall determine from an examination of the information and its attachments, and in light of any evidence presented at a hearing on a motion to dismiss the information, whether the information and its attachments establish the existence of probable cause to believe that the offense charged has been committed and that the defendant committed the offense charged. (b) A finding of the existence of probable cause or lack thereof may be based in whole or in part upon hearsay evidence or on evidence that may ultimately be ruled to be inadmissible at the trial.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.