reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-5 Bystanders called without subpoena.

§621-5 Bystanders called without subpoena.
On the trial of any issue, matter or question, or on an inquiry arising in any action or proceeding in any court or before any person having authority to hear, receive, and examine evidence, any person who happens to be present, and who by virtue of this chapter is competent to give evidence may be called and required to give evidence and to produce any document. If any such person when called and required as aforesaid, does not appear and give evidence and, if then able so to do, produce the document, the person shall be subject to the same proceedings and liabilities as if the person had been duly served with a writ of subpoena ad testificandum or duces tecum. [L 1876, c 32, §12; RL 1925, §2566; RL 1935, §3814; RL 1945, §9825; RL 1955, §222-5; HRS §621-5; am L 1972, c 104, §1(c), (d); gen ch 1985]
Case Notes
Power of court itself to call witness. 24 H. 689 (1919).
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-8 Attendance roll; parking violations exemption.

§621-8 Attendance roll; parking violations exemption.
(a) The clerk of each circuit court shall keep an attendance roll, in which shall be entered the name of each witness subpoenaed for the prosecution in criminal cases in the circuit, the name of each witness subpoenaed for the defendant at the expense of the State under order of the court, where each witness was subpoenaed or summoned, the date of appearance, the date of discharge, the number of days' attendance with the dates thereof, the place of residence of the witness and the number of miles necessarily traveled by the witness to the place of holding court. For all other witnesses in civil and criminal cases, including cases in family court, the clerk of each court shall keep an attendance roll in which shall be entered the name of each witness subpoenaed or summoned, each date the witness appeared, and the date of discharge.
(b) All witnesses summoned or subpoenaed to appear in any circuit court, family court, or district court case, as well as all court interpreters who appear at the request of the circuit court, family court, or district court, shall be exempt from any prosecution, penalty, or fine resulting from a parking violation for an expired meter committed in connection with the witness or court interpreter appearing in court; provided that the witness or court interpreter shall present any parking citation received during this time to the clerk of the court and the clerk shall verify that the witness or court interpreter was present at the time the citation was received. The supreme court shall adopt rules necessary to effect this section. [L 1907, c 53, §2; RL 1925, §2561; RL 1935, §3817; RL 1945, §9828; am imp L 1945, c 35, §1; RL 1955, §222-8; HRS §621-8; am L 1972, c 104, §1(f); am L 1988, c 281, §2; am L 1993, c 114, §1; am L 2011, c 42, §1]
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-10 Reporting daily.

§621-10 Reporting daily.
Every witness in a criminal case subpoenaed for the State or for a defendant by order of the court at the expense of the State shall, unless temporarily excused, report in person daily to the clerk of the circuit court from the time of the witness' appearance to the date of the witness' discharge and no per diem shall be allowed for any pay upon which attendance is not reported. [L 1907, c 53, §4; RL 1925, §2563; RL 1935, §3819; RL 1945, §9830; am imp L 1945, c 35, §1; RL 1955, §222-10; HRS §621-10; gen ch 1985]
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-10.5 Unlawful suspension or discharge from employment; penalty; right of action.

§621-10.5 Unlawful suspension or discharge from employment; penalty; right of action.
(a) An employer shall not deprive an employee of the employee's employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a witness or attends court as a prospective witness.
(b) Any employer who violates subsection (a) is guilty of a petty misdemeanor.
(c) If an employer discharges or suspends an employee in violation of subsection (a) the employee within ninety days from the date of discharge or suspension may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court. [L 1978, c 13, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-12 Oath; affirmation.

§621-12 Oath; affirmation.
Every court and person having authority to hear, receive, and examine evidence may administer the following oath-affirmation to all witnesses legally called before them: Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth? [L 1876, c 32, §48; RL 1925, §2614; RL 1935, §3821; RL 1945, §9832; RL 1955, §222-12; HRS §621-12; am L 1972, c 104, §1(g); am L 1973, c 155, §1]
Cross References
Oaths, generally, see §1-21.
Rules of Court
As to acceptance of affirmation in lieu of oath, see HRCP rule 43(d); DCRCP rule 43(d).
Case Notes
The judicial oath in common use is a legal oath. 8 H. 259 (1891).
2023 Hawaii Revised Statutes › Title 33. Evidence › 621. Evidence and Witnesses, Generally › 621-13 Oaths, validity of.

§621-13 Oaths, validity of.
If an oath has been administered by a judge of a court of record, or by a clerk, notary public, or other person having authority to administer oaths by the law of the place where the oath was administered, it shall not be an objection to the validity of the oath that the judge or other person has not jurisdiction or cognizance of the matter or thing concerning which the oath was administered. [L 1876, c 32, §65; RL 1925, §2631; RL 1935, §3822; RL 1945, §9833; RL 1955, §222-13; HRS §621-13; am L 1972, c 104, §1(h)]
2023 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).
2023 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]
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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]
2023 Hawaii Revised Statutes › Title 33. Evidence › 622. Documentary Evidence › 622-52 Subpoena duces tecum for medical records, compliance.

§622-52 Subpoena duces tecum for medical records, compliance.
(a) Whenever a subpoena duces tecum is served upon the custodian of medical records or other qualified witness from a medical facility, in an action or other proceeding on a claim for personal injuries in which the custodian or the custodian's employer is neither a party to the action or proceeding nor is it alleged that the claim arose at the medical facility, and such subpoena requires the production in court, or before an officer, board, commission, or tribunal, of all or any part of the medical records of a patient who is or has been cared for or treated at the medical facility, it shall be sufficient compliance therewith if the custodian or other qualified witness within five days after receipt of such subpoena, delivers by registered or certified mail or by messenger a true and correct copy (which may be by any method described in rule 1001(4), Hawaii rules of evidence) of all the medical records described in such subpoena to the clerk of the court or the clerk's deputy authorized to issue it, together with the affidavit described in section 622-53.
(b) The copy of the medical records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of the custodian or other qualified witness, and date of the subpoena clearly inscribed thereon; the sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:
(1) If the subpoena directs attendance in court, to the clerk of such court or the clerk's deputy authorized to issue it, at the courthouse.
(2) In other cases, to the officer, board, commission, or tribunal conducting the hearing, at the place designated in the subpoena.
(c) The copy of the medical records shall remain sealed and shall be opened only at the time of trial, or other hearing, upon the direction of the judge, officer, board, commission, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, or hearing, unless the parties or counsel in the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to the custodian or other qualified witness who is to appear personally. Copies of medical records which are not introduced in evidence or required as part of the record shall be returned by registered or certified mail or by messenger to the person or entity from whom received. If the copies of the medical records are introduced in evidence or are required as part of the record, they shall be returned by registered or certified mail or messenger to the person or entity from whom received as soon as their use is no longer needed, after the trial, or other hearing. [L 1971, c 139, pt of §1; am L 1972, c 104, §2(t), (u); gen ch 1985; am L 1987, c 283, §60]
Note
The amendments to this section by L 1999, c 87, §4 and L 2000, c 91, §3 effective July 1, 2001, by L Sp 2000 2d, c 1 were repealed by L 2001, c 244 on June 30, 2001.
2023 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.
2023 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]
2023 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]
2023 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.
2023 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)]
2023 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]
2023 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]
2023 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).
2023 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.
2023 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)]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 33. Evidence › 624D. Uniform Interstate Depositions and Discovery Act › 624D-4 Service of subpoena.

§624D-4 Service of subpoena.
A subpoena issued by a clerk of court under section 624D-3 shall be served in compliance with rule 45(c) of the Hawaii rules of civil procedure. [L 2012, c 17, pt of §1]
2023 Hawaii Revised Statutes › Title 33. Evidence › 624D. Uniform Interstate Depositions and Discovery Act › 624D-5 Deposition, production, and inspection.

§624D-5 Deposition, production, and inspection.
Rules 26, 27, 28, 29, 30, 31, 34(c), and 45 of the Hawaii rules of civil
procedure shall apply to subpoenas issued under section 624D-3. [L 2012, c 17, pt of §1]
2023 Hawaii Revised Statutes › Title 33. Evidence › 624D. Uniform Interstate Depositions and Discovery Act › 624D-6 Application to court.

§624D-6 Application to court.
A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 624D-3 shall comply with the rules of court and statutes of this State and be submitted to the court in the circuit in which discovery is to be conducted. [L 2012, c 17, pt of §1]
2023 Hawaii Revised Statutes › Title 33. Evidence › 624D. Uniform Interstate Depositions and Discovery Act › 624D-7 Application to pending actions.

§624D-7 Application to pending actions.
This chapter applies to requests for discovery in cases pending on April 12, 2012. [L 2012, c 17, pt of §1]
Revision Note
"April 12, 2012" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 100 Title and citation.

Rule 100 Title and citation.
These rules shall be known and cited as the Hawaii Rules of Evidence. Each rule shall be cited by its number. A complete citation to a rule may read as follows: Rule ___, Hawaii Rules of Evidence, Chapter 626, Hawaii Revised Statutes. L 1980, c 164, pt of §1
RULE 100 COMMENTARY
The purpose of this chapter is to codify the law of evidence, to promote informed judicial rulings on evidence points, and to achieve uniformity in the treatment of evidence among the courts of this State.
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 101 Scope.

Rule 101 Scope.
These rules govern proceedings in the courts of the State of Hawaii, to the extent and with the exceptions stated in rule 1101. L 1980, c 164, pt of §1
RULE 101 COMMENTARY
This rule differs from Fed. R. Evid. 101 only in that "courts of the State of Hawaii" has been substituted for "courts of the United States and before United States magistrates." Rule 1101 provides greater detail regarding the applicability of the rules in various courts and proceedings.
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 102 Purpose and construction.

Rule 102 Purpose and construction.
These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. L 1980, c 164, pt of §1
RULE 102 COMMENTARY
This rule is identical with Fed. R. Evid. 102. It parallels similar provisions in the Hawaii Rules of Court, see HRCrP 2, HRCP 1, and HFCR 1. Except for Articles III and V, these rules have as their model the Federal Rules of Evidence (Fed. R. Evid.), 28 U.S.C. app., at 539 (1976), as amended, 28 U.S.C.A. Fed. R. Evid. (Supp. 1979). Accordingly, the commentary to each rule (except in Articles III and V) indicates whether the rule is identical with or differs from the counterpart federal rule. The intent is to make applicable, as an aid in construction, the federal decisional law construing identical or similar Fed. R. Evid. provisions. Other sources for these rules, noted from time to time in the commentaries, are the Uniform Rule of Evidence and the Cal. Evid. Code (especially for Article III).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 701-105 (1976), which limits the effect of the penal code commentary because, as the commentary to that section points out, "of the strong judicial deference given legislative committee reports and other evidence of legislative intent authored by the Legislature or its staff." See State v. Aiu, 59 H. 92, 98, 576 P.2d 1044, 1049 (1978); State v. Anderson, 58 H. 479, 483, 572 P.2d 159, 162 (1977); State v. Alo, 57 H. 418, 426-27, 558 P.2d 1012, 1017 (1976); State v. Nobriga, 56 H. 75, 77, 527 P.2d 1269, 1273 (1974).

Rule 102.1 Effect of commentary.
The commentary to these rules when published may be used as an aid in understanding the rules, but not as evidence of legislative intent. L 1980, c 164, pt of §1
RULE 102.1 COMMENTARY
This rule has no Fed. R. Evid. counterpart. It closely resembles Hawaii Rev. Stat. §701-105 (1976), which limits the effect of the penal code commentary because, as the commentary to that section points out, "of the strong judicial deference given legislative committee reports and other evidence of legislative intent authored by the Legislature or its staff." See State v. Aiu, 59 H. 92, 98, 576 P.2d 1044, 1049 (1978); State v. Anderson, 58 H. 479, 483, 572 P.2d 159, 162 (1977); State v. Alo, 57 H. 418, 426-27, 558 P.2d 1012, 1017 (1976); State v. Nobriga, 56 H. 75, 77, 527 P.2d 1269, 1273 (1974).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 105 Limited admissibility.

Rule 105 Limited admissibility.
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. L 1980, c 164, pt of §1
RULE 105 COMMENTARY
This rule is identical with Fed. R. Evid. 105.
Hawaii has recognized the principle of limited admissibility. Low v. Honolulu Rapid Transit Co., 50 H. 582, 585-586, 445 P.2d 372, 376 (1968): "It is a basic proposition that evidence may be properly admitted for a limited permissible purpose even though it may not be admissible for all purposes." However, the present rule is not designed to provide automatic, uncritical admission in every such instance. As McCormick observes: "[I]n situations ... where the danger of the jury's misuse of the evidence for the incompetent purpose is great, and its value for the legitimate purpose is slight ... the judge's power to exclude the evidence altogether would be recognized." McCormick §59.
Determination of limited admissibility under this rule, therefore, involves a careful balance between the value of the evidence, in terms of the limited purpose for which it is admissible, and the danger of prejudice occasioned by possible consideration of the evidence by the jury for improper purposes in disregard of the limiting instruction. As the Advisory Committee's Note to Fed. R. Evid. 105 puts it: "A close relationship exists between this rule and Rule 403." The rule recognizes the necessity for discretionary judicial exclusion of such evidence when the danger of prejudice is great. Cf. Bruton v. United States, 391 U.S. 123 (1968).
Case Notes
Cited: 133 H. 453, 331 P.3d 431 (2014).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 106 Remainder of or related writings or recorded statements.

Rule 106 Remainder of or related writings or recorded statements.
When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the party at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it. L 1980, c 164, pt of §1; gen ch 1985
RULE 106 COMMENTARY
This rule is identical with Fed. R. Evid. 106.
The rule incorporates the common law doctrine of completeness, see McCormick §56. As the Hawaii Supreme Court said in Holstein v. Young, 10 H. 216, 220 (1896), a party cannot "utilize so much of this evidence as will serve his turn and reject the remainder." Cf. HRCP 32(a)(4), which provides: "If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced."
The Advisory Committee's Note to Fed. R. Evid. 106 points out: "The rule is based on two considerations. The first is the misleading impression created by taking matters out of context. The second is the inadequacy of repair work when delayed to a point later in the trial."
Rules of Court
Depositions, see HRCP rule 32(a)(4); HRPP rule 15(e); DCRCP rule 32(a)(4).
Case Notes
Remainder of statement; when admissible. 68 H. 358, 714 P.2d 930 (1986).
This rule applies to statements "introduced" at trial by being read to a witness. If a criminal victim's compensation form is used at trial solely to establish that compensation was sought, the claimant's response to the form's request for information is not admissible under this rule as a statement "which ought in fairness to be considered contemporaneously" with that part of the document describing its compensatory purpose. 79 H. 255 (App.), 900 P.2d 1322 (1995).
Evidence admitted under this rule is subject to the authentication requirement under rule 901. 108 H. 89 (App.), 117 P.3d 821 (2005).
As the right of confrontation is not absolute, circuit court properly ruled that defendant was not entitled to introduce selected portions of witness' statement that were favorable to defendant's defense and at the same time preclude the State from introducing other portions of witness' statement that were necessary to prevent the jury from being misled; thus, circuit court did not abuse its discretion in ruling that the responsive portions of witness' statement offered by the State were admissible under this rule and rule 403. 125 H. 462 (App.), 264 P.3d 40 (2011).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 305 Prima facie evidence.

Rule 305 Prima facie evidence.
A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this article unless the statute expressly provides that such prima facie evidence is conclusive. L 1980, c 164, pt of §1
RULE 305 COMMENTARY
The purpose of this rule is to indicate the construction that should be given to the large number of provisions, scattered throughout the Hawaii Rev. Stat., which state that a fact, or a group of facts, is "prima facie" evidence of another fact. See, e.g., Hawaii Rev. Stat. §560:1-107(1) (1976), making a certified or authenticated copy of a death certificate prima facie evidence of the fact, place, date and time of death and the identity of the decedent; §622-31, making a written finding of "presumed death" prima facie evidence of the death of the person named; §572-13(c), making a certified copy of a certificate of marriage prima facie evidence of the fact of such marriage; §575-2, making the absence of a husband or wife for six continuous months prima facie evidence of desertion; §634-22, making a record or affidavit of process prima facie evidence of all that it contains.
A number of the statutory prima facie evidence provisions contain express language to indicate whether the particular provision affects the burden of proof or only the burden of producing evidence. E.g., Hawaii Rev. Stat. §584-4(b) (1976), which provides that prima facie evidence of paternity may be overcome only by "clear and convincing evidence"; Hawaii Rev. Stat. §701-117 (1976), which provides that contrary evidence that raises "a reasonable doubt in the mind of the trier of fact" is sufficient. Absent such explicit statutory clarification, judicial determination will be required to determine whether a statutory provision creates a presumption affecting the burden of proof or the burden of producing evidence consistent with the criteria established in Rules 303(a) and 304(a) supra.
A few statutes establish either a conclusive presumption, e.g., Hawaii Rev. Stat. §76-51 (1976), or irrebuttable prima facie evidence, e.g., Hawaii Rev. Stat. §480-22(a) (1976). These are conclusive presumptions as defined in Rule 301(2)(A) and, as such, they are not presumptions within the intent of this article and are expressly excluded from the scope of this rule.
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 406 Habit; routine practice.

Rule 406 Habit; routine practice.
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. [L 1980, c 164, pt of §1]
RULE 406 COMMENTARY
This rule is identical with Fed. R. Evid. 406, the Advisory Committee's Note to which says: "Character and habit are close akin. Character is a generalized description of one's disposition, or of one's disposition in respect to a general trait.... A habit, on the other hand, is the person's regular practice of meeting a particular kind of situation with a specific type of conduct, such as the habit of going down a particular stairway two stairs at a time, or of giving the hand-signal for a left turn, or of alighting from railway cars while they are moving.... When disagreement has appeared, its focus has been upon the question what constitutes habit, and the reason for this is readily apparent. The extent to which instances must be multiplied and consistency of behavior maintained in order to rise to the status of habit inevitably gives rise to differences of opinion.... While adequacy of sampling and uniformity of response are key factors, precise standards for measuring their sufficiency for evidence purposes cannot be formulated."
Case Notes
Proffered testimony that defendant had a "habit" of speeding defendant's motorboat in marina and in channel over several days prior to accident constituted character evidence of prior bad acts, which was inadmissible under rule 404(b), and not habit evidence, which was admissible under this rule. 77 H. 446 (App.), 887 P.2d 656 (1993).