UNDERSTANDING
OUR
COURTS
— 2015—
Produced by the Hawaii State Judiciary Communications and Community Relations Office, 417 South King Street, Honolulu, HI 96813
MISSION STATEMENT:
The Hawaii State Judiciary’s
mission is to administer jus-
tice in an impartial, efficient,
and accessible manner in
accordance with the law.
In This Issue
Resources Available
Court Locations
Court Descriptions
FAQs
Legal Resources
Glossary of Terms
Ali’iolani Hale, Hawaii Supreme Court
A MESSAGE FROM THE CHIEF JUSTICE
Thank you for your interest in the Hawaii State Judiciary. This publi-
cation was compiled to assist you in understanding the many differ-
ent courts and programs that comprise Judiciary services across all
of the Hawaiian Islands. It also addresses some of the most fre-
quently asked questions by our court users.
The Judiciary also maintains a website at www.courts.state.hi.us,
and I encourage you to utilize it as there is a wealth of information
available that expands upon the information in this publication. You
may also visit the “Give Feedback” tab on our website to tell us
about your court experience. This will assist us in our ongoing efforts to enhance our court
services.
A special mahalo to all of our dedicated Judiciary employees, volunteers, and community part-
ners, who work daily towards fulfilling our mission, knowing that their efforts have far-reaching
impacts upon the lives of those who depend on our courts to resolve their disputes and ensure
justice.
Thank you again, for taking the time to learn more about the Hawaii State Judiciary and our
programs and services.
Aloha,
Mark E. Recktenwald
Chief Justice, Hawaii Supreme Court
UNDERSTANDING OUR COURTS
2015
WELCOME
Visit our homepage at www.courts.state.hi.us
On our homepage, the following databases help you locate spe-
cific case information
eCourt Kokua-for access to traffic, district court criminal and ap-
pellate cases.
Ho’ohiki—for access to criminal and civil case information filed in
the Circuit and Family courts and certain civil cases of the District
Courts
Search case
information
using eCourt
Kokua or
Ho’ohiki
Website Features:
Search for information
about court cases
Find online court forms
File court forms online
through e-filing
Pay your traffic ticket
Learn about proposed rule
changes
Read supreme court or-
ders and opinions
* You may search a case by entering a party’s name, case number or other specific details
about the case
Self-Help Centers
and Access to
Justice Rooms
There are self-help centers on
Oahu, Maui, the Big Island, and
Kauai. Because of the dedica-
tion and commitment from vol-
unteer attorneys, thousands of
self-represented litigants can
receive legal assistance.
Oahu (First Circuit)
Kauikeaouli Hale -1111 Alakea Street, Third Floor , Honolulu, HI 96813
Access to Justice Room
Hours: Monday and Wednesday, 9 a.m. – 1 p.m.; 1st and 3rd Fridays from 9
a.m. - 1 p.m.
Telephone: Clients are referred to the Access to Justice Room by the Dis-
trict Court Service Center staff. Call the District Court Service Center at (808)
538-5629.
Ronald T.Y. Moon Kapolei Courthouse (Family Court) 4675 Kapolei Parkway ,
Kapolei HI 96707-3272
Access to Justice Room
Hours: First & Third Thursday of every Month, 11:30-1:30 p.m.
Telephone: (808) 954-8290
Maui (Second Circuit)
Hoapili Hale—2145 Main Street, Wailuku, HI 96793
Self-Help Center
Hours: Thursday, 9 am. – noon
Telephone: (808) 463-1360 (Access by telephone for Molokai, Lanai and Hana
residents only when the Center is open. The Center does not accept voice mes-
sages. Maui residents must come to the Self-Help Center in person for assis-
tance.)
Access to Justice
Rooms
Volunteer attorneys pro-
vide limited legal advice to
unrepresented litigants in-
volved in civil cases.
Self-Help Centers
Volunteer attorneys and
AmeriCorps Advocates
provide limited legal infor-
mation to help self-
represented litigants under-
stand the court process.
SELF-HELP CENTER HOURS
More than 5,600
people have been
helped at these Self-
Help Center loca-
tions statewide.
Hawaii (Third Circuit)
Hale Kaulike- 777 Kilauea Avenue, 1st Floor
Hilo, HI 96720-4212
Self-Help Center
Hours: Tuesday & Friday, 11:15 a.m. – 12:45 p.m.
Walk-in No Appointments Taken
Telephone: (808) 961-0609
Kona Courthouse
Keakealani Building
79-1020 Haukapila Street
Kealakekua, HI 96750
Self-Help Desk (located at desk in back of Law Library)
Hours: Wednesday from 11 a.m. - 1 p.m.
Kauai (Fifth Circuit)
Puuhonua Kaulike- 3970 Kaana Street , Lihue, HI 96766 Self-
Help Center
Hours: Monday and Friday, 9 a.m. to 12 noon
Telephone: (808) 482-2660
Self-Help
Interactive
Forms Now
Available!
Legal Aid Society of Hawaii,
the Hawaii State Judiciary and
the Hawaii State Bar have col-
laborated to bring free interac-
tive software that can assist
with court forms and legal doc-
uments. Thanks to funding
from the Legal Services Corpo-
ration's Technology Initiatives
Grant, this software is available
to all, free of charge.
The interactive software will
ask a series of questions to
complete a legal form or court-
approved document. The inter-
active interview also provides
helpful information and instruc-
tions for next steps.
The Hawaii State Judiciary and Legal Aid partnered with
the Hawaii State Libraries to make the Self-Help Interactive
Forms available at libraries statewide. You may also visit
the Hawaii State Judiciary’s website www.courts.state.hi.us
to access this new software.
SELF-HELP INTERACTIVE FORMS
LAW LIBRARIES
Supreme Court Law Library
Ali'iolani Hale, Room 115
417 South King Street
Honolulu, HI 96813
Email: LawLibrar[email protected]
SCLL User Guide
Phone: (808) 539-4964
Fax: (808) 539-4974
Hours: Monday - Friday, 7:45 am - 4:15 pm
Second Circuit Court Law Library - Maui
Judiciary Complex, Room 207
2145 Main Street
Wailuku, HI 96793
Phone: (808) 244-2959
Fax: (808) 244-2932
Hours: Monday - Friday, 7:45 am - 4:30 pm
Third Circuit Court Law Library - Hilo
Hale Kaulike
777 Kilauea Avenue
Hilo, HI 96720-4212
Phone: (808) 961-7438
Fax: (808) 961-7416
Hours: Monday - Friday, 7:45 am - 4:30 pm
Fifth Circuit Court Law Library - Kauai
3970 Kaana St. Suite 100
Lihue, HI 96766-1281
Phone: (808) 482-2327
Fax: (808) 482-2553
Hours: Monday - Friday, 7:45 am - 4:30 pm
Third Circuit Court Law Library - Kona
Old Kona Hospital
79-1020 Haukapila Street
Kealakekua, HI 96750
Phone: (808) 322-8729
Fax: (808) 322-8730
Hours: Monday - Friday, 7:45 am - 4:15 pm
Legal Document Branch
Phone Numbers
First Circuit -OAHU
Supreme Court Clerk’s Office
(808) 539-4919
First Circuit Court Legal
Documents
(808) 539-4300
First Circuit Family Court Legal
Documents (808) 954-8310
District Court Legal Documents
Civil (808) 538-5151
Criminal & Traffic (808) 538-5100
Second Circuit - Maui
Legal Documents (808) 244-2969
Third Circuit -Hawaii
County
Hilo (808) 961-7400
Kona (808) 322-8750
Fifth Circuit– Kauai
Legal Documents (808) 482-2330
Legal Documents
The Legal Documents Branch is responsible for filing, pro-
cessing and maintaining case documents and records. When
you bring a case to court, there is usually a filing fee that you
must pay when the court receives your document. The fees
vary by court and type of action. You may visit the “Courts”
section of our website www.courts.state.hi.us/courts/
courts.html for a list of filing fees.
You may also obtain copies of non-confidential legal docu-
ments at the Legal Documents Office at the respective court-
house. Requests for copies of case records may be made in
person or by mail. Requests made by fax, phone or by email
are not accepted at certain branches. Advance payment is
required. Fees may be charged, such as fees for copying,
searching, retrieval from storage, certification and rush ser-
vices.
21. Circuit Court ( Kauai Fifth
Circuit)
Pu’uhonua Kaulike Building
3970 Kaana Street
Lihu’e, HI 96766
22. Children’s Justice Center
4473 Pahee Street, Suite M
Lihue, HI 96766
(808) 246-0923
1. Circuit Court ( Oahu First
Court)
-Land Court
-Tax Appeal Court
Ka’ahumanu Hale
777 Punchbowl Street
Honolulu, HI 96813- 5093
Phone: (808) 539-4777
2. District Court (Oahu First Cir-
cuit)
Kauikeaouli Hale
1111 Alakea Street
Honolulu, HI 96813
Information: (808) 538-5767
3. Supreme Court
Ali’iolani Hale
417 South King Street
Honolulu, HI 96813- 2943
4. Intermediate Court of Appeals
Kapuaiwa Building
426 Queen Street
Honolulu, HI 96813
5. Ewa- Pearl City District Court
870 Fourth Street
Pearl City, HI 96782
(808) 534-6900
6. Wahiawa Division
1034 Kilani Avenue
Wahiawa, HI 96786
(808) 534-6200
7. Children’s Justice Cen-
ter
3019 Pali Highway
Honolulu, HI 96817
(808) 534-6700
8. ADLRO
1001 Bishop Street,
Suite 500
Honolulu, HI 96813
9. Kaneohe Division
Abner Paki Hale
45-939 Pookela Street
Kane’ohe, HI 96744
(808) 534-6300
10. Family Court (Oahu
First Circuit)
Kapolei Judiciary Complex
4675 Kapolei Parkway
Kapolei, HI 96707- 3272
JUDICIARY LOCATIONS
11. Maui ( Second Circuit)
Hoapili Hale
2145 Main Street
Wailuku, HI 96793-1679
(808) 244-2706
12. Lahaina District Court
1870 Honoapi’ilani Hwy.
Lahaina, Maui, HI 96761
(808) 661-0970
13. Lanai District Court
730 Lanai Avenue
Lanai City, Lanai, HI 96763
(808) 565-6447
14. Molokai District Court
55 Makaena Street
Kaunakakai, Molokai, HI 96748
(808) 553-1100
15. Children’s Justice Center
1773-A Wili Pa Loop
Wailuku, HI 96793
(808) 244-7926
16. Circuit Court (Hawai’i Third Circuit)
Hale Kaulike
777 Kilauea Avenue
Hilo, HI 96720-4212
(808) 961-7440
17. Kona Courthouse
Keakealani Building
79-1020 Haukapila Street
Kealakekua, HI 96750
(808) 322-8700
18. South Kohala District Court
Waimea Civic Center
67-5187 Kamamalu St.
Kamuela, HI 96743
(808) 443-2030
19. East Hawaii
Children’s Justice Center
1290 Kino’ole Street
Hilo, HI 96720
(808) 933- 1505
20. West Hawaii
Children’s Justice Center
77-6403 Nalani Street
Kailua- Kona, HI 96740
(808) 329- 5261
HAWAII SUPREME COURT JUSTICES
Chief Justice Mark E. Recktenwald
Term: 09/14/10 - 09/13/20
Associate Justice Paula A. Nakayama
Term: 04/22/13 - 04/21/23
Associate Justice Sabrina S. McKenna
Term: 3/03/11 - 03/02/21
Associate Justice Richard W. Pollack
Term: 8/06/12 - 08/05/22
Associate Justice Michael D. Wilson
Term: 04/17/14 - 04/16/24
HAWAII SUPREME COURT
State’s highest court
Hears appeals from trial courts, appeals transferred from the Inter-
mediate Court of Appeals, and cases that, by law, may be filed di-
rectly with the Supreme Court
INTERMEDIATE COURT OF APPEALS
State’s second highest court
Hears nearly all appeals from trial courts and some state agencies
Decisions may be reviewed by the Supreme Court
Six judges (three judges are assigned to each case)
CIRCUIT COURTS
The circuit courts have
General jurisdiction in civil and criminal cases
Exclusive jurisdiction in probate, guardianship, misdemeanor jury
trial cases, and criminal felony cases
Exclusive jurisdiction in civil cases where the contested amount ex-
ceeds $40,0000
Hawaii Supreme Court Justices
WHICH COURT DOES
WHAT?
FAMILY COURTS
The family courts hear:
Legal matters involving children
Divorce and other domestic relations cases
Domestic violence cases
Domestic abuse cases involving family or household members
Other cases relating to families
DISTRICT COURTS & RURAL COURTS
The district courts have exclusive jurisdiction over:
Traffic infractions
Summary possession
Landlord-tenant proceedings
Non-jury misdemeanor cases
Non-jury civil cases where the relief sought is between $10,000 and
$40,000
Small claims cases where the amount disputed does not exceed
$5,000
Exclusive jurisdiction in civil cases where the contested amount ex-
ceeds $40,0000
Ronald T.Y. Moon Judiciary Complex
WHICH COURT DOES
WHAT?
Kauikeaouli Hale, First Circuit District Court
TRAFFIC
CASES
Most traffic cases in
Hawaii begin when a
law enforcement officer
issues a citation, com-
monly called a "traffic
ticket." The citation
charges a motorist, pe-
destrian, or the regis-
tered owner of a parked
vehicle (the defendant)
with committing a traffic
offense and requires
the defendant to re-
spond to the allegations
in the citation. These
types of cases are re-
ferred to as “traffic in-
fractions.”
When a serious traffic
offense is committed,
the person (defendant)
is arrested and
charged. The defend-
ant must answer to the
charge in court. These
types of cases are re-
ferred to as “traffic
crimes.”
VISIT THE HAWAII STATE JUDICIARY’S WEBSITE
ECOURT KOKUA TO LOOK UP YOUR TRAFFIC VIOLATIONS
What are my options to pay a traffic
ticket?
OPTION 1—You can admit the infraction and pay the amount written on the citation,
either by mail, using the preprinted envelope; in person at any district court; via the
Internet; or by telephone at (800) 679-5949. Credit cards (Visa or MasterCard),
checks or money orders are accepted. A $25 service charge will be assessed for dis-
honored payments. Please do not send cash.
OPTION 2- Pay in person at any District Court. Credit cards (VISA or MasterCard),
checks or money orders are accepted (U.S. dollars only, checks should be made pay-
able to "DISTRICT COURT")
OPTION 3– Pay online through eTraffic Hawaii, which can be found on the Hawaii
State Judiciary’s website or directly to https://etraffic.ehawaii.gov
Traffic Infraction Traffic Crime
Defendant is subject to civil penalties. Defendant is subject to criminal penalties, in-
cluding time in jail.
Issued by police for “minor” violations
such as speeding, running a stop
sign or stop light, parking and equip-
ment violations, etc.
Issued by police for “serious” violations such as
driving under the influence, driving without a
license, driving without no-fault insurance, ex-
cessive speeding, etc.
A defendant wishing to contest the
infraction may choose to appear in
court instead of submitting a written
statement.
Defendant must appear in court. Submission of
a written statement in lieu of appearing in court
is not an option.
If the defendant opts to appear in
court, a prosecutor will not be pre-
sent. The state’s witness is not re-
quired.
Prosecutor and state’s witness are present at
the hearing. The defendant may be referred to
the Office of the Public Defender for legal repre-
sentation.
If the defendant does not appear in
court or fails to take any action, a de-
fault judgment will be entered.
If the defendant is found guilty, the defendant
will be sentenced. If the defendant does not
appear in court, a bench warrant is issued for
his or her arrest.
If the defendant fails to respond to
the default judgment, a stopper will
be placed, preventing the defendant
from renewing his or her Hawaii driv-
er’s license or registering the vehicle.
Cases with unpaid fines and fees are
referred to a collection agency con-
tracted by the Judiciary.
If the defendant fails to respond to the bench
warrant, a stopper will be placed, preventing the
defendant from renewing his or her Hawaii driv-
er’s license or registering the vehicle. Cases
with unpaid fines and fees are referred to a col-
lection agency contracted by the Judiciary.
FREQUENTLY ASKED
QUESTIONS
JURY SERVICE
The jury is the very foundation of the American judicial system. The Con-
stitution of the United States guarantees each citizen a right to trial by ju-
ry. A trial jury listens to the evidence offered by both sides during a crimi-
nal or civil trial and renders a final decision.
For many people, jury service is the most direct, hands-on involvement in
government they will ever experience. It is also rewarding to know that by
serving on a jury, you are serving the community in which you live. When
the court needs jurors for a trial, it will issue a Juror Summons.
If you have received a Juror Summons and want to find out if you need to
show up at court, call the Jury Information Line listed on your summons
(or the numbers listed to the right), or check the court's website at
www.courts.state.hi.us .
Jury Pool Offices
First Circuit – Oahu:
Circuit Court: (808) 539-4360
District Court : (808) 538-5208
Second Circuit –
Maui, Molokai, Lanai:
Maui: (808) 244-2757
Molokai and Lana’: 1-800-315-
5879
Third Circuit –
Island of Hawai’i:
Circuit Court: (808) 961-7646
Fifth Circuit – Kauai, Niihau
Courtroom 4: (808) 482-2331
Courtroom 6: (808) 482-2331
What is a grand jury?
The process of selecting grand jurors is the same process used for select-
ing trial jurors, representing a cross section of the community.
A grand jury, however, is different from a trial jury. The grand jury deals
only with criminal matters and does not determine guilt or innocence. Ra-
ther, it determines whether there is sufficient evidence to support the gov-
ernment’s accusations against the accused. A grand jury will determine
whether to “indict” or “not to indict” a defendant.
Jury Online Information
(eJuror)
Information is currently availa-
ble online for all Circuits via
eJuror (the Judiciary's new on-
line information application).
Please visit the “for Jurors” tab
on the Hawaii State Judiciary
website. It includes:
Information on your jury
reporting date and time
If your request for defer-
ral has been approved or
denied
You may also visit our website
www.courts.state.hi.us to find:
Jury Service Frequently
Asked Questions
Small Claims
Q&As
1. What types of cases
are generally heard in
Small Claims Court and
what are the financial
limitations of what can
be awarded?
Claims for the award of
money damages are
heard in Small Claims
Court, including loan re-
payment claims, car re-
pair claims, car accident
damage claims, and land-
lord claims for damages
to the unit and back rent.
2. How much does it
cost to file a claim?
The current filing fee is
$35, and the case will be
scheduled within 30 days.
Cases must be filed in
person at the District
Court Legal Documents
Branch.
3. What type of evi-
dence needs to be pre-
sented to the judge to
prove the case?
Proof of defendant’s lia-
bility and the amounts in
claimed damages should
be presented to a judge.
This may include testimo-
ny of witnesses; evidence
of the agreement or debt,
signed documents, writ-
ten contracts, paid bills or
unpaid invoices, repair
invoices, copies of
emails, letters or photos.
Visit our website www.courts.state.hi.us and click on the “Self-
Help” tab for more information on small/regular claims and the
related forms.
Regular Claims
The Regular Claims Court is a division of the District Court. The Regular Claims
Division hears all civil actions in which the debt, damages or value of property
claimed does not exceed $40,000. This court also hears all summary possession
cases regardless of the amount sought.
Small Claims
The Small Claims Court is a division of the District Court that handles certain dis-
putes between two or more parties. These cases are decided by a judge in an in-
formal manner.
The Small Claims Court hears your case if:
The amount disputed does not exceed $5,000. If a counterclaim is filed, the
Small Claims Court will still hear the case if the counterclaim is not more than
$40,000.
You seek a return of a residential security deposit from your landlord.
You seek the return of personal property, worth less than $5,000, that was
leased or rented out, and the amount you seek to recover on the lease/rental is
less than $5,000.
You seek to recover damages or repossess items stolen from your business
property. Examples of such items include shopping carts, shopping baskets or
other similar devices.
Divorce Forms
Family Court has forms for uncontested divorces. Please visit our
website at www.courts.state.hi.us and click on Self-Help/Court
Forms to find a link to these forms.
If your divorce is very complicated, there may not be forms for eve-
rything you need to do, and you will have to create the document
yourself. That is why it is very helpful to have an attorney, especial-
ly if you and your spouse cannot agree on the terms of the divorce.
A lawyer can create all of the documents for you. Please note that
court staff can answer general questions, but they cannot tell you
what to write in the forms.
Mediation
If you are involved in a dispute, consider mediation before taking
your case to trial. In mediation, you and the other party, with the
help of a trained mediator, decide what is a fair solution. Learn
about the advantages of mediation and whether it may be effective
for your case. Please visit our website www.courts.state.hi.us and
click on “Services” to find the Alternative Dispute Resolution and
Mediation page.
Kids First
Kids First is an education pro-
gram for families going through
divorce. It is designed to help
parents understand the effects
of separation and divorce on
their children and to help par-
ents and children cope with the
changes in their families.
CONTACT INFORMATION:
First Circuit (Oahu)
(808) 954-8280
Website:
www.kidsfirsthawaii.com
Second Circuit (Maui)
(808) 244-2770
Third Circuit (Hawaii)
KONA (808)322-8726
HILO (808) 896-6465
Fifth Circuit (Kauai)
(808) 482-2330
Facts about Getting a Divorce
in Hawaii
In Hawaii, Family Court hears all divorces.
You can get a divorce even if your spouse does not want a divorce.
You do not have to state a reason for wanting a divorce.
You can get divorced in Hawaii even if you were married in another
state or another country.
Before petitioning for a divorce, you must live in Hawaii for six
months. This applies to military personnel stationed in Hawaii as well
as legal residents of another state or country.
You do not have to hire a lawyer, although having one is very helpful.
A divorce usually takes several months. If the couple disagrees on
who will have custody of the child or children or how to divide the joint
property, the case will take longer.
If you are an alien on conditional status and married to a United
States citizen or a lawful permanent resident, a divorce may affect
your immigration status. You should consult with an immigration attor-
ney before filing for divorce.
Divorce Law Semi-
nars
The Family Court’s
monthly Divorce Law in
Hawai`i public education
program at the Supreme
Court began its 14th year
in January 2015. Divorce
Law in Hawaii covers
custody, property divi-
sion, child support and
alimony, the difference
between a contested di-
vorce and uncontested
divorce, all the ways to
settle a divorce, and addi-
tional resources available
to divorcing spouses.
Please visit our
“Community Outreach”
tab on our website,
www.courts.hi.us, to learn
about the divorce law
seminar schedule.
About Filing for Your Temporary Restraining
Order (TRO)
You may petition District Court to issue a TRO to prohibit another person
from harassing you. You may petition the Family Court to issue a TRO to
prohibit another person from contacting, threatening, or physically abusing
you or someone who lives with you.
When you arrive at District or Family Court, a court officer will help you fill
out the necessary forms. If you prefer to fill them out ahead of time,
please download them from the District Court or Family Court portion of
the Forms section.
You will be the "petitioner" and the defendant is called the "respondent." If
the TRO is granted, the respondent must be served with a copy. Please
explain to the clerk if you do not want the respondent to know your ad-
dress or telephone number.
Please be prepared to provide as much detail as possible. Examples of
important details include:
Dates of abuse or threats.
Description of physical or psychological abuse.
Information about property damage.
Documentation about abuse, including medical and police reports.
Information about whether the abuser owns a gun or has threatened
you with one.
Name of parent or guardian, if the abuser is 17 or younger.
Your petition may be denied if not enough details are provided.
A District Court TRO is effective for 90 days. A Family Court TRO is ef-
fective for 180 days. If the TRO is granted, a TRO/Injunction hearing will
be scheduled within 15 days. The purpose of the hearing is to determine if
you can extend protection beyond 90 days. A Court clerk will give you a
hearing date and time, which will appear on the TRO. You do not have to
have an attorney at the TRO/Injunction hearing, but you may want one,
particularly if you think the respondent will obtain legal counsel.
Contact Us
First Circuit (Oahu)
Domestic Abuse/TRO
Hotline
(808) 538-5959
Second Circuit
( Maui)
Family Court
(808) 244-2706
District Court
(808) 244-2706
Third Circuit (Hawaii)
Family Court Hilo
(808) 969-7798
District Court Hilo
(808) 961-7440
Family Court Kona
(808) 443-2112
District Court Kona
(808) 322-8700
Fifth Circuit (Kauai)
Family Court
(808) 482-2330
District Court
(808) 482-2330
Family Court TROs VS. District Court TROs
Family Court Restraining Orders District Court Restraining Orders
Is someone you are married to or were married to. Is not someone to whom you are married or were
married.
Is a family member. Is not a relative.
Lives or had lived with you. Has never lived with you.
Is someone with whom you had a child. Is not someone with whom you had a child.
Is or was in a dating relationship with you. Is not a dating partner.
Initial filing fee for petitioner: 0 Initial filing fee for petitioner: $15
State law: HRS §586-4 State law: HRS §604-10.5
The web sites listed may be useful when conducting free legal research on the Internet.
Disclaimer: The Hawai‘i State Judiciary has no control over these web sites and does not guarantee or assume any liability
for the accuracy, relevance, currency, or completeness of the information presented at a site. Links to other web sites do not consti-
tute an endorsement by the Judiciary.
LEGAL RESOURCES ON
THE INTERNET
ACCUSED: Person charged with a crime; the defendant.
ACQUIT: To find not guilty.
APPEAL: Taking a case to a higher court for review.
APPELLATE COURT: A court in which appeals from trial court decisions are heard. In Hawai‘i,
the Hawai‘i Supreme Court and Intermediate Court of Appeals.
ARRAIGNMENT: A formal proceeding in which the accused in a criminal case is called before the
court and informed of the offense with which he or she is charged. The accused may then enter a
plea of guilty or not guilty.
ARREST: Taking a person suspected of a crime into custody.
ATTORNEY: A graduate of a law school who is admitted to practice law before the courts of a
jurisdiction. The attorney’s job is to advise, represent and act for a client; lawyer, counsel.
BAIL: Money put up by the accused to allow release from jail before trial. The purpose of bail is
to assure the court that the defendant will return for trial.
BAILIFF: An officer of the court who is appointed to keep order in the courtroom and to have cus-
tody of the jury.
BEYOND A REASONABLE DOUBT: The degree of proof required to convict a person of a crime.
CALENDAR: A daily register of cases to appear before the court. It is prepared by the clerk of
the court and is sometimes called a DOCKET.
CHALLENGE FOR CAUSE: A request that a prospective juror not be allowed to sit on the jury
because of specified reasons such as bias.
CHANGE OF VENUE: A request that a case begun in one place be moved to another location for
trial. It is used when the defendant cannot obtain a fair trial in the place where the crime was al-
legedly committed.
CHARGE: The formal accusation of a crime. Generally, the charge is contained in an indictment
or complaint or stated orally.
CIVIL LAW: All areas of law that do not involve criminal matters. Civil law usually deals with pri-
vate rights of individuals, businesses, or groups.
GLOSSARY
COMMON LAW: The law made by courts instead of by legislatures; case law.
CONTEMPT OF COURT: Any act involving disrespect to the court or failure to obey its
rules.
CONVICTION: A finding that the defendant is guilty in a criminal case.
COURT: A place presided over by a judge where trials and other judicial hearings take
place.
COURT CLERK: An individual who keeps a record of the court’s activities each day and
records future dates for the judge’s calendar.
COURT OF RECORD: A court whose proceedings are permanently recorded.
COURT REPORTER: A court official in charge of making a permanent record of all activi-
ties occurring in the court.
CRIME: Any act that the legislature has determined to be punishable. There are three
grades of crimes: felonies, misdemeanors, and petty misdemeanors.
CRIMINAL CASE: A trial involving person(s) accused by the government of violating public
laws resulting in the commission of a crime.
CROSS-EXAMINATION: The questioning of a witness by the attorney for the opposing
side; follows the direct examination.
DEFENDANT: The person charged in a criminal action; the accused. In a civil case, the
person against whom a lawsuit is brought.
DISPOSITION: The outcome of a case.
DOUBLE JEOPARDY: A common law and constitutional protection preventing the govern-
ment from prosecuting a person twice for the same charges.
DUE PROCESS OF LAW: Law in its regular course of administration through the courts of
justice. The guarantee of due process requires that every person has the protection of a fair
trial.
EVIDENCE: The information offered to the court or jury to prove something.
CIRCUMSTANTIAL: Evidence of an indirect nature. “I saw that man at the scene of
the robbery.”
DIRECT: Proof of facts by witnesses who saw the acts done or heard the words spoken.
“I saw that man rob the bank with my own eyes.”
EXHIBITS: Documents or other tangible evidence.
FELONY: A serious criminal offense that carries a sentence of more than one year in jail.
GRAND JURY: A body of citizens that hears evidence against a person suspected of a
crime and decides if probable cause exists to charge the suspect formally.
HUNG JURY: A jury unable to agree unanimously on whether to convict or acquit a de-
fendant.
INCARCERATED: Jailed; imprisoned.
INDICTMENT: A document prepared by a grand jury formally charging a person with a
crime.
INDIGENT: A person unable to afford an attorney.
JAIL: A facility where those convicted of a crime, or those awaiting trial, are incarcerated.
JUDGE: A public official appointed to hear and decide cases in a court of law.
JUDGMENT: The official decision of a court.
JURISDICTION: The area and types of cases that a court has authority to hear and de-
cide.
JURY: A group of citizens selected according to law to hear the facts in a case and ren-
der a verdict according to those facts.
JUSTICE: A public official appointed to the Hawai‘i Supreme Court to hear and decide
cases.
JUVENILE: One who has not yet reached legal age as prescribed by law; in Hawai‘i, un-
der the age of eighteen.
LAW CLERK: A law school graduate employed by a judge or justice to conduct legal re-
search and writing and assist in chambers’ duties.
LEADING QUESTION: A question that instructs or suggests to a witness how and what
to answer by putting words in the witness’s mouth to be echoed back; this type of ques-
tion is generally prohibited on direct examination.
LITIGATE: To settle a dispute or seek relief in a court of law.
MISDEMEANOR: An offense less serious than a felony that authorizes a maximum sen-
tence of up to one year in jail.
MOTION: Request made by one party to a lawsuit that a judge take some specific action
or make a decision. Motions may be made orally or more formally in writing.
OBJECTION: An expression of disapproval to the form or content of a question asked by
opposing counsel. The judge will rule on the validity of the objection. An objection can also
be made against tangible evidence or conduct of opposing counsel.
OVERRULE: To reject as invalid; used by a judge to indicate lack of agreement with
the lawyer’s motion or request.
SUSTAIN: To support or agree with; used by a judge to indicate agreement with a
lawyer’s motion or request.
OFFENSE: The violation of any criminal statute.
PAROLE: The release of an inmate from prison by the Hawai‘i Paroling Authority prior to
the expiration of a sentence of incarceration on condition of future good behavior. The pa-
rolee remains under the supervision of the Paroling Authority until the term of the parole ex-
pires. Parole is a rehabilitative program that is designed to reduce the expenses of incar-
ceration, provided that there is good reason to believe the parolee can make a successful
reentry into society.
PEREMPTORY CHALLENGE: The challenge of a prospective juror by counsel for either
side in a trial made without having to give any reason. In the selection of a jury, each side
has a right to a fixed number of peremptory challenges that can be used to prevent the
seating of unwanted potential jurors.
PERJURY: The offense of giving false testimony under oath.
PETTY MISDEMEANOR: A crime less serious than a misdemeanor. A petty misdemeanor
carries a maximum sentence of thirty days’ imprisonment.
PLEA: The defendant’s response to the prosecution’s charges. A defendant may plead
guilty, not guilty, or nolo contendere.
GUILTY: An accused person’s formal admission in court of having committed the
charged offense.
NOT GUILTY: An accused person’s formal denial in court of having committed the
charged offense.
NOLO CONTENDERE: A plea by which the defendant does not contest or admit
guilt.
PLEA BARGAINING: Negotiations between the defense and the prosecution to resolve the
dispute without a full trial.
PRELIMINARY HEARING: A hearing held before a district court judge to determine wheth-
er probable cause exists to believe that a crime was committed and that the defendant com-
mitted the crime.
PRISON: A facility where those convicted, usually of felonies, are incarcerated.
PROBATION: A procedure whereby a defendant found guilty of a crime is released by the
court without being sentenced to imprisonment provided by law, subject to conditions imposed
by the court, which may include limited imprisonment, under the supervision of a probation
officer.
PROSECUTOR: A government attorney whose duty is to prosecute persons accused of
crimes.
PUBLIC DEFENDER: A member of the Office of the Public Defender who is appointed by the
court to represent indigent defendants.
RECORD: All of the filed documents, tangible exhibits, and hearing and/or trial transcripts for
a case.
SENTENCE: Penalty imposed on a defendant after conviction for a crime.
CONCURRENT: When the defendant, after being convicted for more than one crime,
is permitted to serve all of the sentences at the same time.
CONSECUTIVE: When the defendant is required, after being convicted and sentenced
for more than one crime, to serve each subsequent sentence after completion of prior
sentences.
STATUTE: Any law passed by a legislative body.
SUBPOENA: A court order requiring a witness to appear and give testimony before a judge.
SUMMONS: A written order issued by a judge ordering a person to appear at a certain time
and place to answer charges or questions.
TESTIMONY: Evidence presented by a witness under oath.
TRANSCRIPT: The official and verbatim record of proceedings in a trial or hearing.
TRIAL: The formal judicial proceedings through which criminal and civil disputes are settled.
VERDICT: The formal and unanimous decision of a jury, reported to the court and accepted
by it.
VIOLATION: An offense that carries no jail time but may be penalized by a fine, forfeiture, or
other civil penalty. A violation is not considered a crime.
VOIR DIRE: A French phrase meaning “to speak the truth.” It is the examination of prospec-
tive jurors by the judge or attorney to determine if the jurors are impartial.
WAIVE: To give up a right or claim voluntarily.
WARRANT: A written document issues by the judge authorizing a police officer to make an
Thank you for your interest
We thank you for your interest in the Hawaii State Judiciary and hope this infor-
mation will help you better navigate the court system.
The Hawaii State Judiciary’s Communications & Community Relations Office is
available to assist the public and media with any questions or concerns. Feel free
to contact us at anytime. We are happy to help!
Contact Us
Communications &
Community Relations
Office
(808) 539-4909
[email protected]ii.gov
Visit us on the web at
www.courts.state.hi.us
Follow us on twitter at
https://twitter.com/
hawaiicourts or on Face-
book to receive daily up-
dates and information.
Mahalo!
