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Hawaiʻi Rules of Penal Procedure – 2026

The Hawaiʻi Rules of Penal Procedure, governing criminal proceedings in the state courts. Coverage runs from scope and preliminary proceedings, through the charge, arraignment and pleas, discovery, trial and judgment, to post-conviction relief under Rule 40 and the speedy-trial requirements of Rule 48.

Browse all 75 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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I. Scope, Purpose and Construction II. Initiation of the Case III. The Charge IV. Arraignment and Preparation for Trial V. Venue VI. Trial VII. Judgment VIII. Orders IX. Supplementary and Special Proceedings X. General Provisions

I. Scope, Purpose and Construction

Rule 1 Scope; Interpretation; Effects of E-filing and Automation Rule 2 Purpose and Construction Rule 2.1 Classification of Proceedings Rule 2.2 Form of Pleadings and Motions Rule 2.3 Definitions

II. Initiation of the Case

Rule 3 Application for Arrest Warrant Rule 4 Eligibility; Registration Required Rule 5 Proceedings Following Arrest Rule 6 Grand Jury

III. The Charge

Rule 7 Indictment, Information, or Complant Rule 8 Joinder of Offenses and Defendants

IV. Arraignment and Preparation for Trial

Rule 9 Obtaining the Appearance of Defendant Rule 10 Arraignment in Circuit Court Rule 10.1 Deleted Rule 10.2 Repealed Rule 11 Pleas Rule 12 Pleadings and Motions Before Trial; Defenses and Objections Rule 12.1 Notice of Alibi Rule 12.2 Trial Setting Under Special Circumstances Rule 13 Consolidation Rule 14 Relief from Prejudicial Joinder Rule 15 Depositions Rule 16 Discovery Rule 16.1 Discovery Procedures for Non-felony Criminal and Criminal Traffic Cases Rule 17 Subpoena Rule 17.1 Pretrial Conference

V. Venue

Rule 18 Venue Rule 19 Reserved Rule 20 Reserved Rule 21 Transfer from District or Circuit for Trial Rule 22 Time of Motion to Transfer

VI. Trial

Rule 23 Trial by Jury or by the Court Rule 24 Trial Jurors Rule 24.1 Conduct of a Trial Rule 25 Judge; Disability Rule 26 Evidence Rule 27 Proof of Official Record Rule 28 Expert Witnesses and Interpreters Rule 29 Motion for Judgment of Acquittal Rule 30 Instructions to the Jury Rule 31 Verdict

VII. Judgment

Rule 32 Sentence and Judgment Rule 33 New Trial Rule 34 Arrest of Judgment Rule 35 Correction of Reduction of Sentence Rule 36 Clerical Mistakes

VIII. Orders

Rule 37 Deleted Rule 38 Stipulations and Orders Rule 39 Titles to Orders

IX. Supplementary and Special Proceedings

Rule 40 Post-conviction Proceeding Rule 41 Search and Seizure Rule 42 Filing Procedure by the Clerk Rule 42.1 Ex Officio Filing Rule 42.2 Withdrawal of Documents Rule 42.3 Procedures for Processing Post-conviction Documents

X. General Provisions

Rule 43 Presence of the Defendant Rule 44 Appointed-counsel Fees and Necessary Expenses Rule 44A Settlement of Findings of Fact, Conclusions of Law, and Order; Entry of Order Rule 45 Time Rule 46 Bail; Bond Rule 47 Motions, Affidavit or Declaration, and Responses Rule 48 Dismissal Rule 49 Service of Documents on Parties and Proof Thereof; Notice of Entry of Orders and Judgments; Filing of Documents Rule 50 Calendars Rule 50.1 Preparation of Clerk’s Minutes and Exhibit Lists; Withdrawal of Exhibits Rule 51 Exceptions Unnecessary Rule 52 Harmless Error and Plain Error Rule 53 Regulation of Conduct in Courtroom Rule 54 Application and Exceptions Rule 55 Recording of Testimony and Proceedings Rule 56 Courts and Clerks Rule 57 Withdrawal of Counsel Rule 58 Appearance by Telephone or Videoconferencing Rule 59 Effective Date Rule 60 Title Hawaiʻi Rules of Penal Procedure