§805-1  Complaint; form of warrant. 
When a complaint is made to any prosecuting officer of the commission of any
offense, the prosecuting officer shall examine the complainant, shall reduce
the substance of the complaint to writing, and shall cause the complaint to be
subscribed by the complainant under oath, which the prosecuting officer is
hereby authorized to administer, or the complaint shall be made by declaration
in accordance with the rules of court.  If the original complaint results from
the issuance of a traffic summons or a citation in lieu of an arrest pursuant
to section 803-6, by a police officer, the oath may be administered by any
police officer whose name has been submitted to the prosecuting officer and who
has been designated by the chief of police to administer the oath, or the
complaint may be submitted by declaration in accordance with the rules of
court.  Upon presentation of the written complaint to the judge in whose
circuit the offense allegedly has been committed, the judge shall issue a
warrant, reciting the complaint and requiring the sheriff, or other officer to
whom it is directed, except as provided in section 805-3, to arrest the accused
and to bring the accused before the judge to be dealt with according to law;
and in the same warrant the judge may require the officer to summon such
witnesses as are named in the warrant to appear and give evidence at the
trial.  The warrant may be in the form established by the usage and practice of
the issuing court. [L 1892, c 57, §18; RL 1925, §4007; RL 1935, §5470; am L
1941, c 64, §1; RL 1945, §10770; RL 1955, §257-1; am L 1959, c 184, §1; am L
1963, c 85, §3; HRS §710-1; am L 1970, c 188, §36; ren L 1972, c 9, pt of §1;
am L 1978, c 227, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; gen ch
1993; am L 1998, c 36, §3; am L 2007, c 13, §2]



 



Cross References



 



  Sheriff, etc., see §26-14.6.



 



Rules of Court



 



  See HRPP rules 3, 9.



 



Case Notes



 



  See 49 H. 404, 420 P.2d 100.



 



Cases prior to adoption of Hawaii Rules of Criminal
Procedure.



  Irregularities in proceedings should be availed of before
judgment or made ground of appeal.  2 H. 444.



  Magistrate acting in case where magistrate has no
jurisdiction or exceeding magistrate's jurisdiction, liability in damages to
party injured.  4 H. 584, overruled 49 H. 624, 631, 425 P.2d 1014.



  Where charges are uncertain and not sufficiently specific,
subject to objection.  7 H. 344.



  Charge being substantially in the language of the statute
sufficiently sets forth the offense.  10 H. 469.



  Giving a wrong name to the offense charged does not vitiate
the charge, it being regarded as surplusage.  11 H. 143.



  Statement of venue in the margin of the charge held
sufficient.  11 H. 435.



  Charge of offense necessary.  34 H. 75.



  Offense may be described in warrant by reference to affidavit
on same page.  9 H. 171, 175.



  Warrant may refer to complaint for names of accused.  9 H.
641, 656.



  Charge may be less formal than in an indictment.  10 H. 601.



  "Complaint" referred to in this section is not the
charge upon which defendant is tried in district court.  14 H. 586 (under prior
law).  Compare 41 H. 348.



  Trial procedure.  30 H. 560.



  Requisites and sufficiency of complaint.  41 H. 163.



  Where valid complaint lacking, court will inquire as to
sufficiency of oral or written charge.  41 H. 348.