:Law:

:::alpha:::

:::Banner of the Sacre-Coeur
of our Brother: King
of these Kings in his Kingdom
on his Earth in his Heavens,
as our Judge & Redeemer:::

:::Our Father,
who art in Heaven,
Holy be thy name:
Thy Kingdom Come:::

:Discovery:

:::sophia:::

:::Stamp against all evil
by our Virgin-Mother: Queen,
Coredemptrix and
Mediatrix of all Graces,
as our Counselor & Advocate:::

HAWAII RULES OF PENAL PROCEDURE
Rule 16 . DISCOVERY. [DIS = demon god of the underworld]
(a) Applicability. Subject to subsection (d) of this rule, discovery under this rule may be obtained in and is limited to cases in which the defendant is charged with a felony, and may commence upon the filing in circuit court of an indictment or a complaint.
(b) Disclosure by the Prosecution.
(1) Disclosure of Matters Within Prosecution's Possession. The prosecutor shall disclose to the defendant or the defendant's attorney the following material and information within the prosecutor's possession or control:
(i) the names and last known addresses of persons whom the prosecutor intends to call as witnesses in the presentation of the evidence in chief, together with any relevant written or recorded statements, provided that statements recorded by the prosecutor shall not be subject to disclosure; [disclosure to whom by whom?]
(ii) any written or recorded statements and the substance of any oral statements made by the defendant, or made by a co-defendant if intended to be used in a joint trial, together with the names and last known addresses of persons who witnessed the making of such statements;
(iii) any reports or statements of experts, which were made in connection with the particular case or which the prosecutor intends to introduce, or which are material to the preparation of the defense and are specifically designated in writing by defense counsel including results of physical or mental examinations and of scientific tests, experiments, or comparisons;
(iv) any books, papers, documents, photographs, or tangible objects which the prosecutor intends to introduce, or which were obtained from or which belong to the defendant, or which are material to the preparation of the defense and are specifically designated in writing by defense counsel;
(v) a copy of any Hawaii criminal record of the defendant and, if so ordered by the court, a copy of any criinal record of the defendant outside the State of Hawaii;
(vi) whether there has been any electronic surveillance (including wiretapping) of conversations to which the defendant was a party or occurring on the defendant's premises; and
(vii) any material or information which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant's punishment therefor.
(2) Disclosure of Matters Not Within Prosecution's Possession. Upon written request of defense counsel [Jesus: Christ with the Secure-Party is as the counselor and advocate.] and specific designation by defense counsel of material or information which would be discoverable if in the possession or control of the prosecutor and which is in the possession or control of other governmental personnel, the prosecutor shall use diligent good faith efforts to cause such material or information to be made available to defense counsel; and if the prosecutor's efforts are unsuccessful the court shall issue suitable subpoenas or orders to cause such material or information to be made available to defense counsel. [Can defense counsel be a non-attorney at law?]
(3) Definition. The term "statement" as used in subsection (b)(1)(i) and (c)(2)(i) of this rule means:
(i) a written statement made by the witness and signed or otherwise adopted or approved by the witness; or
(ii) a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by the witness and recorded contemporaneously with the making of such oral statement.
(c) Disclosure by the Defendant.
(1) Submission to Tests, Examinations or Inspections. Upon written request of the prosecutor, the court may require the defendant:
(i) to perform reasonable acts or undergo reasonable tests for purposes of identification; and [For the use of the S.S.N. for the identification is with the breach of the Federal-Law. For the Birth-Certificate is for the identification of the Defendant.]
(ii) to submit to reasonable physical or medical inspection or examination of the defendant's body. [For the corpus of the body of the Defendant is with the creation by the Birth Certificate for the physical examination.]
Reasonable notice of the time and place for such tests, inspections or examinations shall be given by the prosecutor to the defendant and the defendant's counsel who shall have the right to be present.
(2) Disclosure of Materials and Information. The defendant shall disclose to the prosecutor the following material and information within the defendant's possession or control.
(i) the names and last known addresses of persons whom the defendant intends to call as witnesses, in the presentation of the evidence in chief, together with their relevant written or recorded statements, provided that discovery of alibi witnesses is governed by Rule 12.1, and provided further that statements recorded by the defendant's counsel [For the counsel: Christ is with the dwelling of the flesh and blood of the Secure-Party] shall not be subject to disclosure;
(ii) any reports or statements of experts, including results of physical or mental examinations and of scientific tests, experiments or comparisons, which the defendant intends to introduce as evidence at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to that witness' testimony;
(iii) any books, papers, documents, photographs, or tangible objects which the defendant intends to introduce as evidence at the trial.
(3) Disclosure of Defenses. The court may require that the prosecutor be informed of the nature of any defense which defense counsel intends to use at trial; provided, that the defense of alibi is governed by Rule 12.1.
(d) Discretionary Disclosure. Upon a showing of materiality and if the request is reasonable, the court in its discretion may require disclosure as provided for in this Rule 16 in cases other than those in which the defendant is charged with a felony, but not in cases involving violations.
(e) Regulation of Discovery.
(1) Performance of Obligations. Except for matters which are to be specifically designated in writing by defense counsel under this rule, the prosecution shall disclose all materials subject to disclosure pursuant to subsection (b)(1) of this rule to the defendant or the defendant's attorney within ten (10) calendar days following arraignment and plea of the defendant. The parties may perform their obligations of disclosure in any manner mutually agreeable to the parties or by notifying the attorney for the other party that material and information, described in general terms, may be inspected, obtained, tested, copied or photographed at specified reasonable times and places.
(2) Continuing Duty to Disclose. If subsequent to compliance with these rules or orders entered pursuant to these rules, a party discovers additional material or information which would have been subject to disclosure pursuant to this Rule 16, that party shall promptly disclose the additional material or information, and if the additional material or information is discovered during trial, the court shall be notified.
(3) Custody of Materials. Except as otherwise provided in this subsection, any discovery material furnished to an attorney pursuant to these rules shall remain in the attorney's exclusive custody and be used only for the purposes of conducting the attorney's side of the case, and shall be subject to such other terms and conditions as the court may provide. The attorney may provide the defendant with a copy of any discovery material obtained if the attorney gives the prosecutor written notice of the attorney's intent to do so and the prosecutor does not file a motion for protective order within ten (10) days of the receipt of the notice.
(4) Protective Orders. Upon a showing of cause, the court may at any time order that specified disclosures or investigatory procedures be denied, restricted or deferred, or make such other order as is appropriate, provided that all material and information to which a party is entitled shall be disclosed in time to permit the party's counsel to make beneficial use thereof. If a prosecution request for a protective order allowing the nondisclosure of witnesses for their personal safety is denied the prosecution shall have the right to an immediate appeal prior to trial of such denial, or in the alternative at its option, a right to take a deposition under Rule 15.
(5) Matters Not Subject to Disclosure.
(i) Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of a party's attorney or members of the attorney's legal staff, provided that the foregoing shall not be construed to prohibit the disclosures required under section (c)(3) of this rule and Rule 12.1.
(ii) Informants. Disclosure of an informant's identity shall not be required where the informant's identity is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Disclosure shall not be denied hereunder of the identity of a witness intended to be produced at a hearing or trial.
(6) In Camera Proceedings. Upon request of any person, the court may permit any showing of cause for a denial or regulation of disclosures or any portion of such a showing to be made in camera . When some parts of certain material are discoverable under these rules and other parts are not discoverable, as much of the material shall then be disclosed as is consistent with these rules. If the court enters an order granting relief following a showing in camera , the entire record of such a showing, including any material excised pursuant to court order, shall be sealed, impounded and preserved in the records of the court to be made available to the reviewing court in the event of an appeal.
(7) Impeding Investigations. Except as is otherwise provided as to matters not subject to disclosure and protective orders, a party's attorney, the attorney's staff or agents shall not advise persons having relevant material or information (except the defendant) to refrain from discussing the case with opposing counsel or showing opposing counsel any relevant material, nor shall they otherwise impede opposing counsel's investigation of the case.
(8) Duty to Confer and Requirement for Filing of Written Stipulation. Counsel are required to confer concerning all disputed issues under this rule. Counsel for the moving party shall attach a certification of compliance with this requirement to any motion filed pursuant to this rule and shall also file a written stipulation of all pertinent matters agreed to as a result of the conferral.
(9) Sanctions.
(i) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or an order issued pursuant thereto, the court may order such party to permit the discovery, grant a continuance, or it may enter such other order as it deems just under the circumstances.
(ii) Willful violation by counsel of an applicable discovery role or an order issued pursuant thereto may subject counsel to appropriate sanctions by the court.
(Amended February 28, 1983, effective February 28, 1983; further amended July 12, 1993, effective August 26, 1993; further amended November 12, 1993, effective November 20, 1993; further amended February 4, 2000, effective July 1, 2000; further amended June 2, 2000, effective July 1, 2000; further amended June 16, 2000, effective July 1, 2000.)
Rule 16.1 . DISCOVERY PROCEDURES FOR NON-FELONY CRIMINAL AND CRIMINAL TRAFFIC CASES.
(a) Applicability . This rule shall apply to non-felony criminal and criminal traffic cases.
(b) Request for Discovery . If discovery is sought of materials that would be discoverable in felony cases pursuant to these rules, a request for discovery shall be made to the opposing side in writing and shall list the specific materials being sought. Unless otherwise ordered, the request shall not be filed with the court.
(c) Motion to Compel Discovery . A party may file a motion to compel discovery if a timely request for discovery was made, unless otherwise ordered by the court.
(Added February 4, 2000, effective June 1, 2000.)
Rule 17 . SUBPOENA.
(a) For Attendance of Witnesses; Form; Issuance. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpoena, signed and scaled but otherwise in blank, to a party requesting it, who shall fill in the blanks before it is served.
(b) For Production of Documentary Evidence and of Objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys.
(c) Service. A subpoena may be served by a police officer or by any other person who is not a defendant and who is not less than 18 years of age. Service of subpoena shall be made by delivering a copy thereof to the person named or by sending it by certified or registered mail, return receipt requested and with restricted delivery to the person named only, and by tendering to the person named the fee of 1 day's attendance and the mileage allowed by law, provided that no such tender need be made when the subpoena is issued on behalf of the prosecution or a defendant who is unable to pay for the same.
(d) Service by Facsimile Transmission. Service of a subpoena may be made by facsimile transmission. The return of service shall declare that service was accomplished by facsimile transmission to a specific phone number, on a specified date and time, and shall state that the sender obtained confirmation from the person subpoenaed that the person received the subpoena. The printed confirmation from the sender's facsimile machine shall be attached to the return of service.
(e) Place of Service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State.
(f) For Taking Deposition; Place of Examination.
(1) Issuance. An order to take a deposition authorizes the issuance by the clerk of subpoenas for the persons named or described therein.
(2) Place. A resident of the State may be required to attend an examination only in the county wherein he or she resides or is employed or transacts his or her business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the State subpoenaed within the State may be required to attend only in the county wherein he or she is served with a subpoena or at such other convenient place as is fixed by an order of court.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him or her may be deemed a contempt of the court from which the subpoena issued.

:Claim of the Maxim: "_" with the meaning: "_" is with the claim of the origin by the century: ~_, Anno-Domini: author: _.

:Claim of the Etymology: For the word: _ is with the claim: "_" with the ONLINE ETYMOLOGY DICTIONARY by the Douglas: Harper. :Search.

:Claim of the Font: Italic: For the use of the italic-font is with the common-tongue of the verb-fiction. For a sample of this use is with the documentation for a quotation of a communication with the writing or speaking by its author. For another sample of the use is for the identification of the name of an fiction-entity.

:Claim of the Font: Bold: For the use of the bold-font is for the emphasis with a matter for the benefit of the ease of the identification and comprehension of the concepts of the document.

:Claim of the Font: Line: For the use of the font with a line at the base of the letters is for the web-link with the source for the confirmation of the matter, or with a page for the study of a concept of the document.

:Claim of the Punctuation: Colon: For the use of full colons is for the meaning as a phrase for the security of the next-word:: meaning word with the nexus, as a noun.

:Claim of the Punctuation: Quotation: For the use of the pairs of the opening and closing: quotation-marks is for the meaning as the quotation of a communication by another party.

:Claim of the Punctuation: Box: For the use of the pairs of the opening and closing: brackets, or parentheses is for the lack of the joinder with the communication of the body of the document by the law of the box. For the use of the box against the document is with the meaning as a private-note for the edification of the reader by the author. For the use of the box against a quotation is for the claims of the clarification of the meaning of the quotation.

For the sharing of these communications is for the spiritual-education, healing-benefit and sanctification of each living-soul as a private-communion with this minister, with the lack of any offer with the fiction-commerce of this world and with the lack of any negotiability between all parties as these cells in the Christ. For all truth and reality of all creation is with the ownership by the Creator. For all matters in the universe of each moment are as the gift for each soul with his love by our Lord. For any truth of these matters of this page and site for the study is for the knowledge and freedom of the soul, with the use with all love, charity, humility, honesty, wisdom and volition for the good of all souls of our friends and enemies, foreign and domestic, as a gift with the finding by the grace and will of our Lord. For all communications through this Ambassador of the Christ are by this Glen-Martin of the Swartwout-family©-commonlaw-trade-name/copyright/COPYCLAIM/copy-Christ with the claim of all powers for all truth in one law, with these claims with the law by our Lord:

~I: U.C.C.: §: ~I: ~CIII (UCC 103) with the correction of the language for the claims of the T.D.C. with the correction of the language for the claim of the Threat, Duress and Coersion by the Powers of this world against the will of our Lord; (Non A)ssumsit-Contract with the correction of the language for the lack of any authorization of any contract with the lack of full closure with the claim of the meaning of each word in the truth with the will by our Lord; and with the claim of the re:course for the freedom against the compelling of any benefit and against any claim of an occult-contract or claim of the commerce with any ficition; and with the claim of all re:course by our Lord.
~II: U.C.C.: §: ~I: ~CIII: ~VI (UCC 103.6) with the correction of the language for the claim of the common-Law of this Christendom of the sojourners of this Earth in the Kingdom of the Heaven with the creation and ownership by the Lord.
~III: U.C.C.: §: ~I: ~CCVII (UCC 207) with the correction of the language for the claim of the re:medy for the freedom of the contract against any force by the Powers of this world; with the claim of the volition against any contract of a debt-discharge with any association with the bankruptcy-scrip of the unity-States or with any fiction or fraud with the conveyance of any value; and with the claim of all re:medy by our Lord.
~IV: U.C.C.: §: ~I: ~CCVII: ~IV (UCC 207.4) With(out) the (Pre)judice with the correction of the language for the claim of the lack of any judgement of any Man by another Man; and with the claim of the judgement by our Lord.
~V: U.C.C.: §: ~I: ~CCVII: ~VII (UCC 207.7)with All Rights: (Re)serve(d) with the correction of the language for the claim of all rights, freedoms and powers by the will of our Lord.with the correction of the language for the claim against the waiver of any powers with the gift by our Lord.
~VI: New-Covenant with the correction of the language for the claim of one Law for the Love, Truth, Way and Life with the Will, Grace, Justice and Mercy by our Lord.
~VII: '"The law was made for man, not man for the law."' With the language correction of the claim: for the making of the law for the Men is with the lack of the making of the Men for the law, by our Creator.
:::'"the law is not made for a righteous man, but for the lawless and disobedient"'::: ~I: Timothy: ~I: ~IX.
~VIII: :::'"To love all people and all things is the key to being like God, the great lover"'::: Wisdom: ~XI: ~XXIV. :::'"You shall love your neighbor as yourself and the alien too."'::: Leviticus: ~IXX: ~IIXX, ~XXXIV; For the heart of the law is: love. :::'"You shall love the Lord your God with your whole heart, your whole soul, your whole strength."'::: :Deuteronomy: ~VI: ~V.
~IX: :::'"I have not come to destroy the Law but to fulfill it. Amen, I say to you, till heaven and earth pass away, not one jot or tittle of the Law will be lost until it is all fulfilled…. Unless your justice exceeds that of the scribes and the Pharisees, you shall not enter the kingdom of heaven."'::: Matthew: ~V: ~XVII, ~IIXX, ~XX.