1. (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.
2. (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.

3. (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. (1) An order of the court relieves a party from the party's waiver; or
   2. (2) Approval of or consent to the waiver is required in a criminal case and has not been given.

[L 1892, c 57, §40; RL 1925, §2250; RL 1935, §3646; RL 1945, §9650; RL 1955, §215-20; HRS §635-12; am L 1972, c 89, §2B(b); gen ch 1985; am L 2016, c 55, §29]

Rules of Court

Right to trial by jury, see HRCP rule 38(a). Advisory jury, see HRCP rule 39(c).

Case Notes

Constitutional right to jury trial may be waived; noncompliance with statute constitutes waiver. 53 H. 372, 493 P.2d 1032 (1972).