§635-26 Impaneling. (a) At the trial of any cause requiring a jury in any circuit or district court, the clerk of the court shall draw a jury by lot, to the number of twelve, from the box containing the names of persons who have been duly summoned to attend as trial jurors and who are not excused from attendance. If any of the twelve are challenged and set aside, the clerk shall continue to draw by lot from the box until twelve impartial jurors are obtained, who then shall be sworn as the jurors for the trial of the cause. If so directed by the court, additional jurors shall be drawn and impaneled to sit as alternate jurors.

(b) Upon the stipulation of the parties, the jury may consist of a number less than twelve. [L 1903, c 38, §12; RL 1925, §2415; RL 1935, §3733; RL 1945, §10109; RL 1955, §231-9; HRS §635-26; am L 1972, c 89, §2B(f), (g); am L 1993, c 104, §3]

Cross References

Jurors, see chapter 612.

Rules of Court

Alternate jurors, see HRCP rule 47(b); HRPP rule 24(c). Jury of less than twelve when stipulated, see HRCP rule 48; HRPP rule 23(b).

Attorney General Opinions

Because proposed amendment to this section conflicted with §13 of article I of state constitution, a constitutional amendment for changing number of jury members in civil cases, where there is no agreement by the parties, was required. Att. Gen. Op. 97-2.

Law Journals and Reviews

The Protection of Individual Rights Under Hawai‘i's Constitution. 14 UH L. Rev. 311 (1992).

Case Notes

Oath requiring jury to give a true verdict according to the law and the evidence in the case before the court, is sufficient without adding to truly try the issues. 18 H. 263 (1907).

Section requires "strike and replace jury" method of impanelment in contrast to "struck jury" method used by trial judge. 73 H. 100, 828 P.2d 276 (1992).