Rule 143.Standard of Proof.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 143
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Two standards, split by the jurisdictional basis of the petition. In law violation cases arising under the first jurisdictional paragraph, all material facts must be proved beyond a reasonable doubt.
In every other case, the facts alleged in the petition are proved by a preponderance of the evidence.
The division tracks what is at stake. A law violation proceeding can lead to a transfer to criminal court under Rule 129 and carries the consequences of a finding of criminal conduct, so it takes the criminal standard. A proceeding about a child beyond control does not.
Note the wording difference as well as the standard: the criminal branch requires all MATERIAL facts to be proved beyond a reasonable doubt, while the civil branch speaks of the facts alleged in the petition.
Frequently Asked Questions
What is the standard of proof in a Hawaii juvenile case?
Beyond a reasonable doubt for all material facts in law violation cases, and a preponderance of the evidence in every other case.
Which cases take the criminal standard?
Law violation cases arising under the court jurisdiction through the first statutory paragraph.
Why are the standards different?
A law violation proceeding involves a finding of criminal conduct and can lead to transfer to criminal court under Rule 129.
Who decides the facts?
The court, at the adjudication hearing Rule 140 governs, which determines whether the allegations are admitted or established.
What happens if the allegations are established?
Rule 144 lets the court enter an order granting the prayer of the petition, or find a lesser included offence proved.