The Hawaii Motion for Additional Peremptory Challenges is a legal tool that allows parties in a court case to request an increase in the number of peremptory challenges available to them. Peremptory challenges are used during jury selection, allowing attorneys to exclude potential jurors without providing a specific reason. In Hawaii, a motion for additional peremptory challenges can be filed when the parties believe that the standard number of challenges granted by the court is insufficient to ensure a fair and impartial jury. This motion provides an opportunity for parties to present valid reasons for requesting extra challenges. There are different types of Hawaii Motion for Additional Peremptory Challenges that can be filed based on the specific circumstances of the case. Some of these types may include the following: 1. Motion for Additional Challenges Based on Case Complexity: Parties may argue that the complexity of the case demands a larger pool of potential jurors to choose from. This could be because the case involves technical issues, extensive evidence, or multiple defendants. 2. Motion for Additional Challenges Based on Prejudicial Publicity: If a high-profile case has received substantial media attention, parties may argue that potential jurors may have been influenced or biased by the coverage. As a result, they may request extra peremptory challenges to ensure a fair trial. 3. Motion for Additional Challenges Based on Juror Bias: Parties may file this motion if they believe that a significant number of potential jurors harbor biases that could impact their ability to render an impartial verdict. They may provide evidence, such as juror statements, social media activity, or previous associations, to support their claim. 4. Motion for Additional Challenges Based on Jury Pool Composition: This type of motion can be filed when parties believe that the current jury pool lacks diversity or representation of key demographics relevant to the case. It aims to broaden the jury pool to ensure a fair cross-section of the community. When filing a Hawaii Motion for Additional Peremptory Challenges, parties should provide detailed reasoning and supporting evidence to persuade the court of the necessity for extra challenges. The court will consider the arguments presented before deciding whether to grant or deny the motion, thereby impacting the selection of a fair and impartial jury.
Hawaii Motion for Additional Peremptory Challenges
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Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
Unless the court otherwise directs and subject to the provisions of Rule 54 of these rules and Rule 23 of the Rules of the Circuit Courts, the prevailing party shall prepare and submit a proposed judgment.
(b)Peremptory challenges. If the offense charged is punishable by life imprisonment, each side is entitled to 12 peremptory challenges. If there are 2 or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed 6 peremptory challenges.
Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.
The defendant shall be present at the arraignment, at the time of the plea, at evidentiary pretrial hearings, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this Rule.
Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.