When facing a criminal case in Hawaii, understanding the subpoena process is crucial. Subpoenas play a vital role in obtaining testimony and evidence necessary for a fair trial. Governed by the Hawaii Rules of Penal Procedure, subpoenas are issued by the court clerk and command individuals to attend court proceedings or produce relevant documents.
Service of a subpoena can be done by a police officer or any person over 18 years old. It can be accomplished in person, through certified or registered mail, facsimile transmission, or electronic mail with confirmation of receipt. Failure to comply with a subpoena may be held in contempt of court.
When requesting the issuance of subpoenas for witnesses, the respondent must do so at least 5 calendar days before the scheduled hearing date. The request should include all required information and be accompanied by the appropriate fee. The issued subpoena must then be personally served on the witness at least 48 hours before the hearing by a non-party individual over 18 years old.
It is important to note that witnesses who are not properly and timely subpoenaed and served are not required to appear. However, those who have been properly served must testify as scheduled.
- Subpoenas in Hawaii criminal cases are governed by the Hawaii Rules of Penal Procedure.
- A subpoena commands individuals to attend court proceedings or produce relevant documents.
- Subpoenas can be served in person, through certified or registered mail, facsimile transmission, or electronic mail.
- Failure to comply with a subpoena may result in contempt of court.
- Respondents must request the issuance of subpoenas at least 5 calendar days prior to the scheduled hearing date.
How Subpoenas are Issued and Served in Hawaii
Subpoenas in Hawaii criminal cases are issued by the court clerk and served to compel witness testimony or the production of documents. Governed by the Hawaii Rules of Penal Procedure, the process starts with a subpoena being issued by the court clerk to the person it is directed to. This legal document commands their attendance and testimony or the submission of required documents.
The responsibility of serving the subpoena falls on either a police officer or any person who is at least 18 years old. Service can be carried out in person or through certified or registered mail. In today’s digital age, subpoenas can even be served via facsimile transmission or electronic mail, with the requirement of receiving confirmation of receipt.
It is essential to understand the consequences of failing to comply with a subpoena. Failure to obey may be deemed contempt of court, which can result in further legal consequences. To ensure the smooth execution of the subpoena process, it is crucial for the respondent in a case to request the issuance of subpoenas for witnesses at least 5 calendar days before the scheduled hearing date.
The request for subpoenas must include all the necessary information and be accompanied by the appropriate fee. Once the subpoena is issued, it must be personally served on the witness at least 48 hours before the hearing. The service should be performed by an individual over 18 years old who is not a party to the case. Finally, the completed subpoena, bearing the witness’s signature, must be submitted to the court prior to the scheduled hearing.
FAQ
Q: How are subpoenas issued in Hawaii criminal cases?
A: Subpoenas in Hawaii criminal cases are issued by the court clerk.
Q: What can a subpoena command a person to do?
A: A subpoena can command the person to attend and give testimony or produce documents.
Q: Who can serve a subpoena in Hawaii?
A: Subpoenas in Hawaii can be served by a police officer or any person over 18 years old.
Q: How can a subpoena be served in Hawaii?
A: A subpoena can be served in person, by certified or registered mail, via facsimile transmission, or electronic mail (with confirmation of receipt required).
Q: What happens if someone fails to obey a subpoena in Hawaii?
A: Failure to obey a subpoena may be deemed contempt of court.
Q: How much prior notice is required to request the issuance of subpoenas for witnesses?
A: The respondent in a case must request the issuance of subpoenas for witnesses at least 5 calendar days prior to the scheduled hearing date.
Q: What information must be included in a request for subpoenas in Hawaii?
A: The request for subpoenas must include the required information and be accompanied by the appropriate fee.
Q: How should a subpoena be served on a witness in Hawaii?
A: The issued subpoena must be personally served on the witness at least 48 hours before the hearing by someone over 18 years old who is not a party to the case.
Q: What is required after a witness is served with a subpoena in Hawaii?
A: The completed subpoena with the witness’s signature must be submitted to the court before the hearing.
Q: Are witnesses required to appear if they are not properly and timely subpoenaed and served?
A: Witnesses who are not properly and timely subpoenaed and served are not required to appear.
Q: Are witnesses who are properly and timely subpoenaed required to testify in Hawaii?
A: Yes, witnesses who are properly and timely subpoenaed are required to testify as scheduled.
Source Links
- https://casetext.com/rule/hawaii-court-rules/hawaii-rules-of-penal-procedure/iv-arraignment-and-preparation-for-trial/rule-17-subpoena
- https://www.hawaiicounty.gov/departments/prosecuting-attorney/victim-witness-program/court-information/subpoena
- https://www.courts.state.hi.us/faq/12-how-are-witnesses-including-law-enforcement-officers-subpoenaed-for-an-adlro-hearing
