§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 provision is made by statute 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. [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]



 



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.