Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 1 - General Departmental Provisions and Programs › Chapter 1 - GENERAL ORGANIZATION, PRACTICE, AND PROCEDURE › Subchapter 3 - GENERAL PROCEDURES FOR CONTESTED CASES › Section 5-1-49 - Evidence

Current through June, 2024
(a) The presiding officer may exercise
				  discretion in the admission or rejection of evidence and the exclusion of
				  immaterial, irrelevant, or unduly repetitious evidence as provided by law with
				  a view to doing substantial justice.
(b) The presiding officer shall rule on the
				  admissibility of all evidence.
(c)
				  When objections are made to the admission or exclusion of evidence, the grounds
				  relied upon shall be stated briefly. Formal exceptions to rulings are
				  unnecessary and need not be taken.
(d) An offer of proof for the record shall
				  consist of a statement of the substance of the evidence to which objection has
				  been sustained, or the submission of the evidence itself.
(e) With the approval of the presiding
				  officer, a witness may read testimony into the record on direct examination.
				  Before any prepared testimony is read, unless excused by the presiding officer,
				  the witness shall deliver copies thereof to the presiding officer and all
				  counsel parties. Admissibility shall be subject to the rules governing oral
				  testimony. If the presiding officer deems that substantial savings in time will
				  result, a copy of the prepared testimony may be received in evidence without
				  reading; provided that copies of the prepared testimony shall have been served
				  upon all parties and the presiding officer five days before the hearing to
				  permit proper cross examination of the witnesses on matters contained in the
				  prepared testimony.
(f) If relevant
				  and material matter is offered in evidence in a document containing other
				  matters, the party offering it shall designate specifically the matter so
				  offered. If the other matter in the document would burden the record, at the
				  discretion of the presiding officer, the relevant and material matter may be
				  read into the record or copies of it received as an exhibit. Other parties
				  shall be afforded opportunity at the time to examine the document, and to offer
				  in evidence other portions believed material and relevant.
(g) Exhibits shall be prepared as follows:
(1) Documents, pleadings, correspondence, and
				  other exhibits shall be legible and must be prepared on paper §
											8-1/2 by 11
				  inches in size. Charts and other oversize exhibits must be bound or folded to
				  the respective approximate size, where practical. Wherever practicable, sheets
				  of each exhibit shall be numbered and data and other figures shall be set forth
				  in tabular form.
(2) When exhibits
				  are offered in evidence, the original and copies in the number specified by the
				  presiding officer shall be furnished to the presiding officer for use, with
				  adequate copies for review by other parties, unless the copies have been
				  previously furnished or the presiding officer directs otherwise.