Summons in what cases.

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§805-3 Summons in what cases. Where, from the complaint, it appears to the district judge that the offense charged therein is not of a serious nature, or not one for which a severe penalty should be imposed, and where the person complained against is so situated as to raise no presumption of the person's attempting to elude justice in the premises, the district judge may, in the district judge's discretion (unless the complainant in writing requests the immediate arrest of the alleged offender), issue the district judge's summons, wherein shall be recited the substance of the complaint, commanding the alleged offender to appear before the district judge upon a time to be therein stated, not less than twenty-four hours from the time of service of summons, and then and there to answer the charge. The summons shall contain a warning to the person summoned that failure to obey the same will render the person liable to attachment for contempt. [L 1892, c 57, §19; RL 1925, §4008; RL 1935, §5471; RL 1945, §10771; RL 1955, §257-3; HRS §710-3; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]

Cross References

Procedure against corporations, see §805-9.

Rules of Court

Obtaining the appearance of defendant, see HRPP rule 9.


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