Place of trial; signature of judge.

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§603-14 Place of trial; signature of judge. (a) A jury trial shall be conducted in the circuit in which the case is pending, at the place designated by section 603-12 or at such other place or places within the circuit as may be designated by the chief justice from time to time.

(b) For the trial of cases which do not require a jury the circuit court may hold sessions at any place within the circuit with the same effect as if held at the place designated by section 603-12.

(c) In any ex parte proceeding, or any other civil proceeding upon consent of all the parties who have appeared in the case, the circuit court may in its discretion, if the attendance of a jury is not required, hold sessions at which witnesses may be heard and evidence adduced and argument presented, at any place within the State without the boundaries of the circuit with the same effect as if held at the place designated by section 603-12, and for the purpose of such sessions may use the services of the clerk and reporter of the circuit court of the circuit within which the sessions are held, and may require stipulations between the parties as to the payment of costs of transportation and other special costs arising out of the fact that the sessions are held at a place other than that designated by section 603-12, as a condition of holding the sessions.

(d) Any decision, order, decree, judgment, or any other document requiring the signature of a circuit judge, in any cause or proceeding whatsoever in a circuit court, may be signed without, as well as within, the boundaries of the circuit in which the court is situated. [L 1892, c 57, §33; RL 1925, §2246; RL 1935, §3642; am L 1943, c 141, §1(c); RL 1945, §9640; am L 1947, c 134, §1; RL 1955, §215-10; am L 1959, c 201, §1; HRS §603-14; am L 1972, c 88, §3(f)]

Rules of Court

As to when courts deemed open, see HRCP rule 77(a) and HRPP rule 56.

As to where acts or proceedings may take place, see HRCP rules 77(b), 82.

Case Notes

"Trial" within the meaning of this section does not include appeal from magistrate on points of law. 24 H. 12, 14 (1917).

Cited: 26 H. 667, 671 (1922).


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