(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.
Terms Used In Hawaii Revised Statutes 635-12
Statute: A law passed by a legislature.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
