IMPANELING,
SEGREGATION OF JURY



 



§635-26  Impaneling.  (a)  At the trial
of any cause requiring a jury in any circuit or district court, the clerk of
the court shall draw a jury by lot, to the number of twelve, from the box
containing the names of persons who have been duly summoned to attend as trial
jurors and who are not excused from attendance.  If any of the twelve are
challenged and set aside, the clerk shall continue to draw by lot from the box
until twelve impartial jurors are obtained, who then shall be sworn as the
jurors for the trial of the cause.  If so directed by the court, additional
jurors shall be drawn and impaneled to sit as alternate jurors.



(b)  Upon the stipulation of the parties, the
jury may consist of a number less than twelve. [L 1903, c 38, §12; RL 1925,
§2415; RL 1935, §3733; RL 1945, §10109; RL 1955, §231-9; HRS §635-26; am L
1972, c 89, §2B(f), (g); am L 1993, c 104, §3]



 



Cross References



 



  Trial by jury, see Const. Art. I, §13.



 



Rules of Court



 



  See HRCP rule 48.