reglab/housing_qa huggingface dataset:
HI Rev Stat § 621-28 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621. Evidence and Witnesses, Generally|621-28 Accompaniment of children at judicial proceedings.

  §621-28 Accompaniment of children at judicial proceedings. A child less than fourteen years of age, involved in a judicial proceeding, including a grand jury proceeding, shall have the right to be accompanied by a parent, a victim- witness counselor, or other adult designated by the court. The accompanying person may be placed side by side with the child at the discretion of the presiding judge or court officer; provided that this position does not interfere with the proceedings of the court. The accompanying person shall not communicate in any manner with the child unless directed by the presiding judge or court officer. [L 1985, c 185, §1] Law Journals and Reviews  Rape and Child Sexual Assault: Dispelling the Myths. 14 UH L. Rev. 157 (1992).
HI Rev Stat § 621-30 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621. Evidence and Witnesses, Generally|621-30 Use of a facility dog.

  §621-30 Use of a facility dog. (a) For purposes of this section:  "Facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement. A "facility dog" shall be specially trained to provide emotional support to witnesses testifying in judicial proceedings without causing a distraction during the proceedings.  "Vulnerable witness" means a witness whose ability to testify in a judicial proceeding will be hampered or ineffective without the assistance of a facility dog, for reasons including but not limited to intellectual or emotional disability, intimidation, or age.  (b) A court may permit the use of a facility dog in a judicial proceeding involving the testimony of a vulnerable witness if the court determines that there is a compelling necessity for the use of a facility dog to facilitate the testimony of the vulnerable witness.  (c) Before the use of a facility dog in a judicial proceeding, the moving party shall file a motion certifying to the court:  (1) The credentials of the facility dog;  (2) That the facility dog is adequately insured; and  (3) That a relationship has been established between the witness and the facility dog.  (d) To the extent necessary, the court may impose restrictions, or instructions to the jury, regarding the presence of the facility dog during the proceedings. [L 2016, c 178, §1]
HI Rev Stat § 621C-1 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621C. Witness Immunity|621C-1 Self-incrimination claim precluded.

  §621C-1 Self-incrimination claim precluded. If a person refuses, on the basis of the person's privilege against self-incrimination, to testify or produce a record, document, or other object in an official proceeding conducted under the authority of:  (1) A court or grand jury;  (2) An agency of the State; or  (3) Either house of the legislature, a joint committee of the two houses, or a committee or a subcommittee of either house; and the presiding officer informs the person of an order issued under this chapter, the person may not refuse to comply with the order on the basis of the person's privilege against self- incrimination. [L 1978, c 212, pt of §2; gen ch 1985] Cross References  Antitrust proceedings, see § §480-23 to 480-23.4.  Refusal to testify, obstruction of justice, see §710-1072.5.
HI Rev Stat § 621C-2 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621C. Witness Immunity|621C-2 Procedures.

  §621C-2 Procedures. If a person has been or may be subpoenaed to testify or to produce a record, document, or other object in an official proceeding as described in section 621C-1, a judge of a circuit court may, upon application by the attorney general or county prosecutor, issue an order requiring the person to testify or to produce a record, document, or other object, notwithstanding the person's refusal to do so on the basis of the person's privilege against self-incrimination. The order may be issued prior to the assertion of the privilege against self- incrimination but shall not be effective until the witness asserts the witness' privilege against self-incrimination and the presiding officer communicates the order to the witness. The application and order shall specify whether the immunity granted under this chapter is use immunity as set forth in section 621C-3 or transactional immunity as set forth in section 621C-4. [L 1978, c 212, pt of §2; gen ch 1985] Cross References  Antitrust proceedings, see §480-23.1.
HI Rev Stat § 621C-3 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621C. Witness Immunity|621C-3 Use immunity.

  §621C-3 Use immunity. The testimony or production that is compelled under the order, and any information directly or indirectly derived from the testimony or production, may not be used against the person in any manner in a criminal case, except in a prosecution for perjury, for giving a false statement, or for an offense involving a failure to comply with the order; provided that such person may be prosecuted or punished for any crime so long as testimony or production that is compelled under the order, and any information directly or indirectly derived from such testimony or production, is not used against such person in such prosecution. [L 1978, c 212, pt of §2] Cross References  Antitrust proceedings, see §480-23.2. Case Notes  Use immunity granted by section is inadequate to supplant the privilege against self-incrimination conferred by article I, §10 of the state constitution. 62 H. 269, 614 P.2d 915 (1980).
HI Rev Stat § 621C-4 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621C. Witness Immunity|621C-4 Transactional immunity.

  §621C-4 Transactional immunity. If a person is ordered to testify or produce a record, document, or other object under this chapter and the order specifies that the person is granted transactional immunity pursuant to this section, such person shall not be prosecuted or punished in any criminal action or proceeding for or on account of any act, transaction, matter, or thing concerning which the person is so ordered to testify or produce a record, document, or other object, except that the person may be prosecuted for perjury, for giving a false statement, or for an offense involving a failure to comply with the order. [L 1978, c 212, pt of §2; gen ch 1985] Cross References  Antitrust proceedings, see §480-23.3. Case Notes  Statute does not grant authority to courts to grant immunity from prosecution for perjury. 9 H. App. 628, 859 P.2d 925 (1993).
HI Rev Stat § 621C-5 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|621C. Witness Immunity|621C-5 Penalty.

  §621C-5 Penalty. Any witness granted immunity hereunder who fails or refuses to testify or produce other information may be punished by the court for contempt, provided that the witness may be charged with and convicted of the other offense notwithstanding the fact that the witness has been punished by the court for contempt. [L 1978, c 212, pt of §2; gen ch 1985] Cross References  Antitrust proceedings, see §480-23.4.  Refusal to testify, obstruction of justice, see §710-1072.5.
HI Rev Stat § 622-43 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|622. Documentary Evidence|622-43 Decree of distribution, prima facie evidence of what.

  §622-43 Decree of distribution, prima facie evidence of what. When upon the trial of any cause in any court of the State it becomes necessary to show the devolution of the title to land any former owner of which died intestate, a decree or order of distribution duly entered by a court having jurisdiction in probate of the estate of any such deceased owner may be received in evidence, and, when so received, shall constitute prima facie proof of the descent of the title to the person or persons named as distributee or distributees in the order or decree, provided that the order or decree was so entered not less than ten years prior to the date upon which the cause was commenced. [L 1923, c 169, §1; RL 1925, §2609; RL 1935, §3849; RL 1945, §9900; RL 1955, §224-24; HRS §622-43] Case Notes  Cited: 45 H. 521, 536, 371 P.2d 379 (1962); 49 H. 273, 295, 296, 414 P.2d 925 (1966).
HI Rev Stat § 622-51 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|622. Documentary Evidence|622-51 Definitions.

  §622-51 Definitions. As used in this part:  "Health care data" means information submitted for outcomes, trends, or cost analysis, and research or informed policy and decision making relating to health care costs, mortality, morbidity, and treatment outcomes including but not limited to the:  (1) Date of admission and date of discharge;  (2) Patient discharge status;  (3) Principal and secondary diagnoses;  (4) Principal and secondary procedures;  (5) Total charge segregated by service, procedures, facility, drugs, and medical supplies used; and  (6) Total payment reimbursed to the health care professional or provider.  "Medical facility" means a hospital operated by a public entity, a hospital licensed under chapter 321, the office of a medical group practice, a licensed physician's office, or any other type of facility where medical records relating to the care or treatment of a patient are kept.  "Medical records" mean records of patients kept by a medical facility.  "Officer" means a public officer, but does not include a person before whom a deposition is being taken. [L 1971, c 139, pt of §1; am L 1972, c 104, §2(s); am L 1995, c 190, §3]
HI Rev Stat § 622-53 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|622. Documentary Evidence|622-53 Affidavit accompanying medical records.

  §622-53 Affidavit accompanying medical records. (a) The medical records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:  (1) That the affiant is the duly authorized custodian of the medical records and has authority to certify the medical records;  (2) That the copy is a true copy of all the medical records described in the subpoena; and  (3) That the medical records were prepared by the personnel of the medical facility, staff physicians, or persons acting under the control of either, in the regular course of business at or near the time of the act, condition, or event.  (b) The affidavit shall be notarized by a notary public, who may be the custodian of the medical records; except where the custodian or the custodian's employer is a party to the cause of action or the medical facility is the place where the cause of action is alleged to have arisen and for which the subpoena duces tecum is being served.  (c) If none of the medical records described in the subpoena, or only a part thereof, are available, the custodian shall so state in the affidavit, and deliver the affidavit and such medical records as are available in the manner provided in section 622-52. [L 1971, c 139, pt of §1; am L 1972, c 104, §2(v); gen ch 1985] Revision Note    Pursuant to §23G-15, in:  (1) Subsection (a)(1), punctuation changed; and  (2) Subsection (a)(2), punctuation changed and "and" added after ending punctuation.
HI Rev Stat § 622-56 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|622. Documentary Evidence|622-56 Fees; service of more than one subpoena.

  §622-56 Fees; service of more than one subpoena. (a) All copies of medical records requested under this part shall be paid for by the person, board, commission, or tribunal requesting such records. The cost shall be based on the actual cost of preparation.  (b) This part shall not be deemed to require the tender of more than one witness or mileage fee required, unless there is an agreement to the contrary.  (c) If more than one subpoena duces tecum is served upon the custodian or other qualified witness from a medical facility and the personal attendance of that person is required, the witness shall be deemed to be the witness of the party serving the first subpoena. [L 1971, c 139, pt of §1; am L 1972, c 104, §2(w); am L 1987, c 283, §61]
HI Rev Stat § 622-59 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|622. Documentary Evidence|622-59 Health care data discovery.

  §622-59 Health care data discovery. Where health care data submitted to either a public or private organization for the purpose of aggregate treatment outcomes, trends, or cost analysis, or public reporting, that identifies or reasonably could be used to identify specific physicians, health care professionals, or individual patients, that portion of the data shall not be subject to discovery or admission into evidence in any civil or administrative proceeding involving the organization. Information, documents, or records made in the regular course of business by a hospital or other provider of health care are not to be construed as immune from discovery or use in any civil or administrative proceeding merely because they were presented to an organization for aggregate analysis. [L 1995, c 190, §2]
HI Rev Stat § 624-24 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-24 Arbitrators, etc.

  §624-24 Arbitrators, etc. [(a)] An arbitrator or other person, other than a court, having authority to hear, receive and examine evidence, may order that the deposition of a witness be taken within the State, or by leave of a circuit court outside the State, for use as evidence in a pending civil matter, when the circumstances are such that it is probable that the witness will not be able to, or will not be compellable to, attend and give evidence before such person at the hearing. Except as otherwise provided, the deposition shall be taken and may be used in the same manner as is provided by the rules of court relating to depositions in civil actions in circuit courts.  [(b)] Nothing herein contained limits or affects any other power heretofore or hereafter conferred with respect to the taking of depositions. [L 1972, c 143, §1(a)] Rules of Court  See Hawaii Arbitration Rules.
HI Rev Stat § 624-24.5 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-24.5 Compelling attendance of witness; commission for taking testimony.

  §624-24.5 Compelling attendance of witness; commission for taking testimony. (a) When the taking of a deposition is authorized by statute or rule of court, the attendance of the witness and the answering of questions may, except as otherwise provided, be compelled:  (1) By any court when the action or proceeding is pending before it or the taking of the deposition has been ordered by it;  (2) By the circuit court of the circuit in which the deposition is being taken, when the action or proceeding is pending before, or the taking of the deposition has been ordered by, another circuit court or an arbitrator or other person, other than a court;  (3) By the district court of the circuit in which the deposition is being taken, when the action or proceeding is pending before, or the taking of the deposition has been ordered by, another district court.  (b) When the taking of a deposition outside the State is authorized by statute or rule of court and the issuance of a commission or letters rogatory is appropriate, the same may be issued by any court before which the action or proceeding is pending, or which has ordered or given leave for the taking of the deposition. [L 1972, c 143, §1(b)]
HI Rev Stat § 624-25 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-25 Discovery.

  §624-25 Discovery. A civil action in the nature of a bill for discovery may be brought according to the usages and principles of courts of equity, unless the matter is governed by the rules of court. [L 1972, c 143, §1(c)]
HI Rev Stat § 624-26 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-26 REPEALED.

Note Part heading renumbered by L 1972, c 143, §1(m).  §624-26 REPEALED. L 1972, c 143, §1(j).
HI Rev Stat § 624-27 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-27 Subpoena to witness.

  §624-27 Subpoena to witness. Where a commission to take testimony within the State has been issued from a court without the State, or where a notice has been given or any other proceeding has been taken for the purpose of taking testimony within the State, pursuant to the laws or practice of the state or jurisdiction wherein the deposition is to be used for purposes of discovery or as evidence, including the United States if it is a federal proceeding, the circuit court, in a proper case, on the presentation of a verified petition shall order the issuance of a subpoena to any witness, commanding the witness to appear before the commissioner, officer or person named or designated in the commission, notice or other paper, at a time and place specified in the subpoena, to testify in the same manner as is provided by the rules of court relating to depositions for use in [the] State. If any witness fails to obey the subpoena, or refuses to testify, or to produce a book or paper pursuant to a subpoena or to subscribe the witness' deposition, the court issuing the subpoena, if it is determined that a contempt has been committed, may prescribe the punishment as in the case of a recalcitrant witness in a circuit court in the State, and may make such additional or other orders as would be proper if the deposition were for use in the State. [L 1951, c 199, §2; RL 1955, §223-21; HRS §624-27; am L 1972, c 143, §1(e); gen ch 1985]
HI Rev Stat § 624-28 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-28 Taking and return of deposition.

  §624-28 Taking and return of deposition. The officer, commissioner, or person before whom a witness appears, in a case specified in section 624-27, shall take down the witness' testimony, in writing, and shall annex thereto copies of all books and papers produced or such parts thereof as shall be required, and shall certify and transmit it in accordance with the laws and practice of the state or other jurisdiction from which the commission, notice, or other paper emanated. [L 1951, c 199, §3; RL 1955, §223-22; HRS §624-28; am L 1972, c 143, §1(f); gen ch 1985]
HI Rev Stat § 624-35 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-35 Costs.

Note Part heading added by L 1972, c 143, §1(n).  §624-35 Costs. The costs of depositions may be taxed in the bill of costs as provided by section 607-9. [L 1876, c 32, §9; RL 1925, §2575; RL 1935, §3869; RL 1945, §9855; RL 1955, §223-5; HRS §624-35; am L 1972, c 143, §1(g)] Case Notes  No abuse of discretion found in trial judge taxing cost against losing party. 9 H. 563 (1894).  Commissioner's fee is item of cost. 12 H. 83 (1899).  Attorney for losing party responsible for costs of commission. 19 H. 319 (1909).  Fees of foreign attorney taking deposition. 49 H. 311, 417 P.2d 636 (1966).  Costs recoverable where depositions necessarily obtained for use in the case. 5 H. App. 558, 705 P.2d 535 (1985).  Cited: 31 H. 242, 249 (1930).
HI Rev Stat § 624-41 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-41 Action for.

Note Part heading renumbered by L 1972, c 143, §1(o).  §624-41 Action for. (a) A person who, before action, desires to perpetuate the person's own testimony or the testimony of any other person, may proceed in accordance with the rules of court or may bring a civil action in the circuit court of any circuit in which it is fair and equitable to the parties that the matter be heard, setting forth:  (1) That the plaintiff expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought;  (2) The subject matter of the expected action and the plaintiff's interest therein;  (3) The facts that the plaintiff desires to establish by the proposed testimony and the plaintiff's reasons for desiring to perpetuate it;  (4) The names of the persons the plaintiff expects will be adverse parties and their addresses; and  (5) The names and addresses of the persons to be examined and the substance of the testimony that the plaintiff expects to elicit from each; and praying for an order authorizing the plaintiff to take the depositions of the persons to be examined named in the action, for the purpose of perpetuating their testimony.  (b) Personal service shall be made on the expected adverse parties as in other civil actions. In case service cannot be made in the State, service may be made as provided by sections 634-24 and 634-25, but if an action is brought under this section, service shall not be made by publication. [L 1876, c 32, §27; RL 1925, §2590; RL 1935, §3884; RL 1945, §9870; RL 1955, §223-23; HRS §624-41; am L 1972, c 143, §1(h); am L 2016, c 55, §24] Rules of Court  See HRCP rule 27.
HI Rev Stat § 624-45 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624. Depositions and Discovery|624-45 Costs.

  §624-45 Costs. The applicant or plaintiff shall pay all costs of all proceedings under section 624-41, but such disbursements ultimately may be allowed in taxation of costs as in the case of disbursements for depositions. [L 1876, c 32, §31; RL 1925, §2594; RL 1935, §3888; RL 1945, §9874; RL 1955, §223-27; HRS §624-45; am L 1972, c 143, §1(i)]
HI Rev Stat § 624D-1 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-1 Short title.

 §624D-1 Short title. This chapter may be cited as the Uniform Interstate Depositions and Discovery Act. [L 2012, c 17, pt of §1]
HI Rev Stat § 624D-2 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-2 Definitions.

 §624D-2 Definitions. In this chapter:  "Foreign jurisdiction" means a state other than this State.  "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.  "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:  (1) Attend and give testimony at a deposition;  (2) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or  (3) Permit inspection of premises under the control of the person. [L 2012, c 17, pt of §1]
HI Rev Stat § 624D-3 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-3 Issuance of subpoena.

 §624D-3 Issuance of subpoena. (a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of court in the circuit in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this State.  (b) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.  (c) A subpoena under subsection (b) shall:  (1) Incorporate the terms used in the foreign subpoena; and  (2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. [L 2012, c 17, pt of §1]