§635-13  Jury, when of right.  When the
right of trial by jury is given by the Constitution or a statute of the United
States or this State and the right has not been waived, the case shall be tried
with a jury. [CC 1859, §1130; am L 1909, c 23, §1; RL 1925, §2367; RL 1935,
§4098; RL 1945, §10108; RL 1955, §231-8; HRS §635-13; am L 1972, c 89, §2B(c)]



 



Rules of Court



 



  Demand for jury trial, see HRCP rules 38, 39.



  Demand for jury trial, see DCRCP rule 38; waiver, see HRPP
rule 23.



 



Case Notes



 



  Jury trial, when available.  50 H. 528, 445 P.2d 376.



  Based on the established common law convention of this
jurisdiction at the time of adoption of the state constitution, as a general
matter, a right to jury trial exists in state eminent domain proceedings.  91
H. 81, 979 P.2d 1107.



Cases prior to adoption of the Hawaii Rules of Civil Procedure.



  Jury trial may be waived by inaction as well as by positive
acts of the parties.  Demand for jury trial in complaint is insufficient.  24
H. 777, 780.  See 28 H. 350, 364; 10 F.2d 474, 477.



  District magistrate may try a defendant after defendant has
demanded a jury trial.  27 H. 844.



  Where third party leasing agents were not parties to lease
agreement between landlord and tenant, express waiver of right to jury trial in
agreement did not apply to those third parties.  85 H. 300 (App.), 944 P.2d 97.



  See 33 H. 103; 33 H. 167; 33 H. 247; 33 H. 315 (construction
of writing); 33 H. 523 (directed verdict); 33 H. 745 (experiments); 34 H. 35
(nonsuit); 34 H. 632 (misconduct).



  Cited:  3 H. 546, 547.