TRIAL

(a) Request for Trial . A defendant may request a trial only after a contested hearing. The request may be made at the conclusion of the contested hearing and must be made not later than thirty (30) calendar days after the date judgment is entered. A request for trial must be made in writing unless the defendant’s request for trial is made on the record, immediately upon conclusion of the contested hearing, while the defendant is present in court. There is no right to trial after a mitigation hearing. (b) After Contested Hearings . If the defendant requests a trial at the conclusion of the contested hearing, the court shall set a trial date forthwith. If the request is made in writing within thirty (30) days after entry of judgment, the court shall set a trial date as soon as is practicable. If a trial is requested and the defendant appears at the scheduled trial, the court shall vacate the judgment entered as a result of the contested hearing. If the defendant fails to appear at the requested trial, the judgment in favor of the State shall stand. (c) Procedure . Trial shall be held pursuant to HRS § 291D-13, the Hawai‘i Rules of Penal Procedure, Rules of the District Court, and Hawai‘i Rules of Evidence. The prosecutor shall be present at trial. Prior to the commencement of trial, the prosecutor shall formally state the infraction(s) and the defendant shall contest commission of the infraction(s). (d) Appeals . Appeals from judgments entered after a trial may be taken in the manner provided for appeals from district court civil judgments. (Amended October 4, 2004, effective January 1, 2005; further amended December 8, 2005, effective January 1, 2006; further amended September 15, 2009, effective September 15, 2009.)