Rule 38 - Jury Trial of Right(a) Right preserved. The right of trial by jury as declared by the Constitution of the State of Hawai'i or as provided by a statute shall be preserved to the parties inviolate. (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the case is at issue. Such demand may be indorsed upon a pleading of a party and such demand must include the endorsement "Approved and So Ordered." Upon such demand, the party demanding a trial by jury shall pay to the clerk of the district court such costs for trial by jury as are payable in the circuit court, and the case shall be transferred to the circuit court. The clerk shall prepare, certify and transmit all of the papers within 20 days after the filing of the demand.
(c) Same: Specification of issues. In the demand a party may specify the issues which he wishes tried by jury; otherwise the demanding party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party may demand trial by jury of other issues as provided by the rules of the circuit court. (d) Waiver. The failure of a party to serve a demand as required by this rule and to file it as required by Rule 5(d) constitutes a waiver by that party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties. Haw. Dis. Ct. R. Civ. P. 38
COMMENTS:
Adopts old DCRCP Rule 38 with changes to gender neutral language. Also changes all the language to conform to "trial by jury" and incorporates a current administrative memo/order requiring a line for court approval.