§806-47 Bill of particulars. If the court is of the opinion that the accused in any criminal case has been actually misled and prejudiced in the accused's defense upon the merits of any defect, imperfection, or omission in the indictment, insufficient to warrant the quashing of the indictment, or by any variance, not fatal, between the allegations and the proof, the prosecuting officer shall, when so ordered by the court, acting upon its own motion or upon motion of the prosecution or defendant, file in court and serve upon the defendant, upon such terms as the court imposes, a bill of particulars of the matters in regard to which the court finds that the defendant should be informed.
In determining whether further information, and if so what information, is desirable for the defense of the accused upon the merits of the case, the court shall consider the whole record of the case and the entire course of the proceedings against the accused. [L 1915, c 167, §1; RL 1925, §4023; RL 1935, §5353; RL 1945, §10820; RL 1955, §258-30; HRS §711-47; ren L 1972, c 9, pt of §1; gen ch 1985]
Rules of Court
Bill of particulars, see HRPP rule 7(g).
Case Notes
Cannot cure a defective charge. 41 H. 591 (1957).
Where, in accordance with this section, the family court considered the whole record of the case and the entire course of the proceedings against defendant and found that a bill of particulars was unnecessary because defendant was not actually misled or prejudiced as to the charges against defendant, and the court denied defendant's motion to dismiss or for bill of particulars on that basis, the court did not abuse its discretion. 121 H. 451, 220 P.3d 1032 (2009).
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