Attorney General Opinions

The jury referred to is a jury of twelve. Att. Gen. Op. 68-10.

Constitutional amendment must be made to this section before a jury of less than twelve persons may be used for civil matters when parties do not stipulate to a smaller jury panel. Att. Gen. Op. 97-2.

Case Notes

Section does not prohibit use of 6-member jury by federal district court in diversity personal injury action. 487 F.2d 957.

Language of U.S. Constitution 7th Amendment preserved in order to preserve also the judicial interpretation. 50 H. 528, 445 P.2d 376.

Right under the procedural rules considered. 50 H. 528, 445 P.2d 376.

Noncompliance with statute and court rules regulating manner of exercising right of jury trial constitutes waiver of right. 53 H. 372, 493 P.2d 1032.

Although court may set aside jury verdict, respect for the jury's assessment of the evidence is mandated. 57 H. 378, 557 P.2d 788.

Question of whether right of jury trial applies to summary possession proceeding raised but not decided. 58 H. 276, 567 P.2d 1239.

Right of jury trial applies to actions involving dower claims. 61 H. 236, 602 P.2d 521.

Appellant had right to jury trial on issue of damages in action arising out of breach of lease agreement where claim was in excess of jurisdictional limit. 72 H. 373, 818 P.2d 1177.

A statutory cause of action, such as a suit under §92E-11(c), is a "suit at common law" under the Hawai`i constitution. 76 H. 101, 869 P.2d 1320.

Sanctions awarded pursuant to rule 26 of Hawai`i arbitration rules did not violate due process or this section. 76 H. 494, 880 P.2d 169.

Apart from the past or present terms of the relevant statutes, as between the common-law practice of England, and its analogue developed under this jurisdiction, the latter controls for purposes of this section. 91 H. 81, 979 P.2d 1107.

Based on the established common law convention of this jurisdiction at the time of adoption of the state constitution, as a general matter, a right to jury trial exists in state eminent domain proceedings. 91 H. 81, 979 P.2d 1107.

Condemnation proceedings constitute "suits at common law" for purposes of this section. 91 H. 81, 979 P.2d 1107.

The "substance" of the jury trial right existing in 1959 does not include the jury determination of blight of summons damages; thus, no right to a jury determination of blight of summons damages exists under this section. 91 H. 81, 979 P.2d 1107.

Where third party leasing agents were not parties to lease agreement between landlord and tenant, express waiver of right to jury trial in agreement did not apply to those third parties. 85 H. 300 (App.), 944 P.2d 97.