The United States Constitution guarantees the right to a trial by jury in criminal prosecutions. In civil lawsuits (disputes over money, property, and other non-criminal matters), state constitutions provide for the right to trial by jury—but this right may be limited to certain types of claims. And in order to be entitled to a trial by jury in a civil matter, a party generally must file a written request for a jury trial and pay a jury fee a reasonable time before trial.
In Hawaii, the right to a trial by jury in criminal cases is protected under the Sixth Amendment of the U.S. Constitution, ensuring that anyone accused of a crime has the right to a trial by an impartial jury. For civil cases, the Hawaii State Constitution similarly provides the right to a jury trial, but this right is typically limited to certain types of disputes, such as those involving legal rights and interests in property, rather than cases seeking equitable relief like injunctions or specific performance. To exercise the right to a jury trial in a civil matter in Hawaii, a party must affirmatively request it by filing a written demand for a jury trial with the court and paying any required jury fee within a specified time frame before the trial date. If the party does not follow these procedural requirements, they may waive their right to a jury trial. The specific rules and time limits for requesting a jury trial can be found in the Hawaii Rules of Civil Procedure.