(a) The district family judges may:

Terms Used In Hawaii Revised Statutes 571-8.5

  • Adult: means a person eighteen years of age or older. See Hawaii Revised Statutes 571-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Detention: means the temporary care of children who require custody in physically secure facilities:

    (1) For their immediate welfare;

    (2) For the protection of the community;

    (3) While awaiting transfer to another jurisdiction; or

    (4) Because of violation of a family court order of probation or protective supervision. See Hawaii Revised Statutes 571-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) Administer oaths;
(2) Subpoena, summon, and compel the attendance of parties and witnesses from any part of the State, and compel the production of books, papers, documents including school, medical, and financial records, or tangible things;
(3) Make and issue all orders and writs necessary or appropriate in aid of their original jurisdiction;
(4) Perpetuate testimony under the rules and orders of the family court, and issue commissions for the perpetuation of testimony to be used on controversies pending before them;
(5) Grant continuances in proceedings before them;
(6) Enforce decrees and judgments and punish contempts according to law;
(7) In a criminal case, alter, set aside, or suspend a sentence by way of mitigation or otherwise upon motion or plea of a defendant made within thirty days after imposition of a sentence;
(8) Appoint guardians ad litem for minors or persons who are incompetent or attorneys to represent parties in accordance with law;
(9) Admit to bail persons rightfully confined in all bailable cases, or dispense with bail as provided by the State Constitution;
(10) Make and award judgments, decrees, orders, and mandates, issue executions and other processes, and do other acts and take other steps as may be necessary to carry into full effect the powers that are or shall be given to them by law or for the promotion of justice in matters pending before them; and
(11) Make and issue orders for pre-trial detention of persons aged eighteen years or older to an adult correctional facility, when the person is alleged to have committed an act or acts during the person’s minority that would constitute a violation of section 571-11(1).
(b) Every witness duly subpoenaed as provided in this section shall be allowed the same attendance and mileage fees allowed witnesses subpoenaed before the circuit courts.

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