Section 635-12 - No jury, when(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.(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.Amended by L 2016, c 55,§ 29, eff. 6/6/2016.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 1985Rules of Court
Right to trial by jury, see HRCP rule 38(a). Advisory jury, see HRCP rule 39(c).
Constitutional right to jury trial may be waived; noncompliance with statute constitutes waiver. 53 H. 372, 493 P.2d 1032.