§635-52  Scope of argument.  At the
close of the evidence (unless the court directs a verdict, or orders entry of a
judgment of acquittal), the respective parties, or their counsel, shall be
entitled to sum up the facts to the jury.  In their addresses to the jury they
shall be allowed ample scope and latitude for argument upon, and illustration
of any and all facts involved in the cause, and the evidence tending to either
prove or disprove the same.  They shall not be forbidden to argue the law of
the case to the jury, but they shall not assume to instruct the jury upon the
law, in such manner as to encroach upon the function of the court to so
instruct the jury.



In all actions for damages for personal
injuries or death the parties or their counsel shall be entitled to argue the
extent of damages claimed or disputed in terms of suggested formulas for the
computation of damages or by way of other illustration, and shall be entitled
to state in argument the amount of damages the party believes appropriate. [L
1892, c 56, §8; RL 1925, §2425; RL 1935, §3741; RL 1945, §10121; RL 1955,
§231-21; am L 1967, c 241, §1; HRS §635-52; am L 1972, c 89, §2B(m)]



 



Historical Note



 



  Background of last paragraph, see 47 H. 408, 390 P.2d 740; 48
H. 22, 395 P.2d 365.



 



Case Notes



 



  Counsel in argument may suggest lump sum amount for general
damages and also may suggest fragmented segments of lump sum amounts if borne
out by the evidence.  50 H. 89, 431 P.2d 931.



  Counsel may make formula arguments for damages in personal
injury cases.  51 H. 383, 463 P.2d 917.



  Cited for rule that the court finds the law and instructs the
jury thereon, including law of a treaty.  54 H. 450, 509 P.2d 1095.



  Where defendant sought to draw adverse inference from the
failure by the prosecution to present a witness, prosecution was entitled to
explain the nonproduction.  57 H. 150, 552 P.2d 357.



  On issue of amount of damages for violation of Fourth
Amendment rights, plaintiff may argue the history of that Amendment to support
plaintiff's claim.  57 H. 390, 557 P.2d 1334.