(a) This section shall apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who is properly served outside the State, regardless of whether the recipient or the records are physically located within the State.

Terms Used In Hawaii Revised Statutes 806D-2

  • Adverse result: includes one or more of the following possible consequences:

    (1) Danger to the life or physical safety of an individual;

    (2) A flight from prosecution;

    (3) The destruction of, potential loss of, or tampering with evidence;

    (4) The intimidation of potential witnesses; or

    (5) Jeopardy to an investigation or undue delay of a trial. See Hawaii Revised Statutes 806D-1

  • Applicant: means a law enforcement officer, prosecuting attorney or deputy prosecuting attorney, attorney general or deputy attorney general, or defense attorney who is seeking criminal process under § 806D-2. See Hawaii Revised Statutes 806D-1
  • Criminal process: means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State. See Hawaii Revised Statutes 806D-1
  • Properly served: means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process. See Hawaii Revised Statutes 806D-1
  • Recipient: means a person, as defined in § 701-118, or a business, as defined in § 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. See Hawaii Revised Statutes 806D-1
  • Subpoena: A command to a witness to appear and give testimony.
(b) When properly served with criminal process issued under this section, the recipient shall provide the applicant all records sought pursuant to the criminal process. The records shall be produced within twenty business days of service of the criminal process, unless the process requires earlier production. An applicant may consent to a recipient’s request for additional time to comply with the criminal process.
(c) Criminal process issued under this section shall contain the following language in bold type on the first page of the document:

“This [warrant, subpoena, order] is issued pursuant to § 806D-2, Hawaii Revised Statutes. Production is due within twenty business days of service, unless a shorter time is stated herein, or the applicant consents to a recipient’s request for additional time to comply.”

(d) If the issuing court finds reason to suspect that failure to produce records within twenty business days would cause an adverse result, the criminal process may require production of records within less than twenty business days. The court may reasonably extend the time required for production of the records upon finding that the recipient has shown good cause for requesting that extension and that an extension of time would not cause an adverse result.
(e) When properly served with criminal process issued under this section, a recipient who seeks to quash the criminal process may seek relief from the issuing court only within the time originally required for production of records. The issuing court shall hear and decide the motion no later than five court days after the motion is filed. An applicant’s consent, under subsection (b), to a recipient’s request for additional time to comply with the criminal process shall not extend the date by which a recipient who seeks relief may do so.

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