Hawaii Revised Statutes 806D-1 – Definitions
Terms Used In Hawaii Revised Statutes 806D-1
- Criminal process: means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State. See Hawaii Revised Statutes 806D-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Properly served: means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process. See Hawaii Revised Statutes 806D-1
- Recipient: means a person, as defined in § 701-118, or a business, as defined in § 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. See Hawaii Revised Statutes 806D-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Whenever used in this chapter, unless otherwise apparent from the context:
“Adverse result” includes one or more of the following possible consequences:
(1) Danger to the life or physical safety of an individual;
(2) A flight from prosecution;
(3) The destruction of, potential loss of, or tampering with evidence;
(4) The intimidation of potential witnesses; or
(5) Jeopardy to an investigation or undue delay of a trial.
“Applicant” means a law enforcement officer, prosecuting attorney or deputy prosecuting attorney, attorney general or deputy attorney general, or defense attorney who is seeking criminal process under § 806D-2.
“Criminal process” means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State.
“Defense attorney” means an attorney of record for a person charged with a crime, when such attorney is seeking the issuance of criminal process for the defense of the criminal case.
“Properly served” means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.
“Recipient” means a person, as defined in § 701-118, or a business, as defined in § 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served.