Haw. Rev. Stat. § 701-116
Proving applicability of the Code
Hawaii · Hawaii Revised Statutes Chapter 701 — Preliminary Provisions · Status: effective
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- Citation
- Haw. Rev. Stat. § 701-116, Proving applicability of the Code, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2430232
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Full text
When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:
(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and
(2) The fact must be proved by a preponderance of the evidence.