(a) The supreme court may adopt rules of procedure for the conduct of all proceedings pursuant to this chapter.

Terms Used In Hawaii Revised Statutes 291D-14

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Emergency period infraction: means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction. See Hawaii Revised Statutes 291D-2
  • Hearing: means a proceeding conducted by the district court pursuant to § 291D-8 at which the person to whom a notice of traffic infraction or notice of emergency period infraction was issued either admits to the infraction, contests the notice of traffic infraction or notice of emergency period infraction, or admits to the traffic infraction or emergency period infraction but offers an explanation to mitigate the monetary assessment imposed. See Hawaii Revised Statutes 291D-2
  • Related criminal offense: means any criminal violation or crime, committed in the same course of conduct as a traffic infraction or emergency period infraction, for which the defendant is arrested or charged. See Hawaii Revised Statutes 291D-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-2
(b) Chapter 626 shall not apply in proceedings conducted pursuant to this chapter, except for the rules governing privileged communications, and proceedings conducted under § 291D-13.
(c) Notwithstanding section testimony and proceedings” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>604-17, while the court is sitting in any matter pursuant to this chapter, the court shall not be required to preserve the testimony or proceedings, except proceedings conducted pursuant to § 291D-13 and proceedings in which the traffic infraction or emergency period infraction is heard on the same date and time as any related criminal offense.
(d) The prosecuting attorney shall not participate in traffic infraction or emergency period infraction proceedings conducted pursuant to this chapter, except proceedings pursuant to § 291D-13 and proceedings in which a related criminal offense is scheduled for arraignment, hearing, or concurrent trial.
(e) Chapter 91 shall not apply in proceedings before the court.
(f) Except as otherwise provided in § 291D-3, chapter 571 and the Hawaii family court rules shall not apply in any proceedings conducted pursuant to this chapter.