§635-28  Challenging for cause.  In all
cases, any party may challenge for cause any juror drawn for the trial.  The
court shall determine the validity of the objection urged. [L 1903, c 38, §19;
RL 1925, §2417; RL 1935, §3735; RL 1945, §10111; RL 1955, §231-11; HRS §635-28;
am L 1972, c 89, §2B(i)]



 



Rules of Court



 



  See HRCP rule 47(a); HRPP rule 24(a).



 



Case Notes



 



  Challenge before jury sworn.  5 H. 64.



  Erroneous overriding of an objection to a juror by court
avails nothing to the party objecting if party has not exhausted party's
peremptory challenges.  8 H. 339.  Where qualification of juror challenged but
passed, defendant has no cause to complain if peremptory challenges not
exhausted.  9 H. 522, 540.  Juror not disqualified by regarding white man more
credible than Chinese.  16 H. 457.  Juror having opinion not disqualified if
juror can decide impartially.  16 H. 743.  Jury not impartial if one juror
would not give weight to evidence of insanity by defendant except by
physician.  23 H. 792.  Special unpaid constable not disqualified, criminal
trial.  30 H. 697.  Juror not disqualified answers on erroneous theories of
law, etc.  30 H. 697.



  Person joining unsuccessfully, in a volunteer search for body
of person murdered -- not disqualified.  30 H. 697.  Juror not disqualified
because brother offered reward for detection of any person guilty of offense
for which defendant is on trial.  4 H. 301.  Court may excuse or exclude such
jurors who upon examination appear to be disqualified.  7 H. 352.  Right of
defendant to have jury drawn from jurors duly summoned, until array is
exhausted.  7 H. 352.  Juror not disqualified to sit in murder trial because
juror is of a remote connection by marriage to deceased.  3 H. 381.



  Juror not necessarily disqualified because juror has an
opinion which would require evidence to remove.  Question is whether juror
could decide fairly and impartially on the law and evidence, question largely
in discretion of judge.  8 H. 339; 16 H. 743, 753, 754; 20 H. 7.  Jurors in employ
of corporations controlled by president, who have friendly and even intimate
relations with president, not disqualified, etc., criminal.  20 H. 7, 14. 
Where disqualification exists which is either known to the party or which might
become known on proper examination, then no exception lies if the juror is
allowed to sit.  9 H. 622.  Juror not disqualified on ground of lack of
knowledge of English language, although unable to define "impartial",
"bias", "prejudice", "testimony", or
"obligation".  20 H. 7.  When general questions are put, silence of
jury when such questions are proper, may be relied upon, and it is not
negligence of counsel as would debar counsel from demanding a new trial if
later a juror was found to be disqualified.  11 H. 293, questioned on other
grounds 46 H. 197, 210, 377 P.2d 609.  Judge has wide discretion on matter of
competency.  45 H. 247, 365 P.2d 460.



  Exclusion of juror not disqualified not ground for complaint
if justice done.  37 H. 40.



  Where cause for challenge was obvious, specific assignment
was not required.  45 H. 247, 365 P.2d 460.