Rule 1005 Public records. The contents of a public record, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. L 1980, c 164, pt of §1
RULE 1005 COMMENTARY
This rule is similar to Fed. R. Evid. 1005 in intent. The "public records" covered are those specified in Rule 1001(5) supra. Since production of original public records would be burdensome to both proponents and public officials, numerous statutes, e.g., Hawaii Rev. Stat. §502-82 (1976) (recorded instruments of conveyance) dispense with such a requirement. In this instance, however, a distinct preference for certified or compared copies is expressed.
Case Notes
Redacted judgment of conviction properly authenticated and admitted under this rule where prosecution submitted certified copy of the full judgment for identification, along with redacted judgment, and witness identified defendant as person to whom redacted judgment referred. 83 H. 507, 928 P.2d 1 (1996).
Structure Hawaii Revised Statutes
106 Remainder of or related writings or recorded statements.
201 Judicial notice of adjudicative facts.
302 Presumptions in civil proceedings.
303 Presumptions imposing burden of producing evidence.
304 Presumptions imposing burden of proof.
306 Presumptions in criminal proceedings.
401 Definition of "relevant evidence".
402 Relevant evidence generally admissible; irrelevant evidence inadmissible.
403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
404 Character evidence not admissible to prove conduct; exceptions; other crimes.
405 Methods of proving character.
407 Subsequent remedial measures.
408 Compromise, offers to compromise, and mediation proceedings.
409 Payment of medical and similar expenses.
410 Inadmissibility of pleas, plea discussions, and related statements.
412 Sexual offense and sexual harassment cases; relevance of victim's past behavior.
501 Privileges recognized only as provided.
502 Required reports privileged by statute.
504 Physician-patient privilege.
504.1 Psychologist-client privilege.
509 Privilege against self-incrimination.
511 Waiver of privilege by voluntary disclosure.
512 Privileged matter disclosed under compulsion or without opportunity to claim privilege.
513 Comment upon or inference from claim of privilege; instructions.
601 General rule of competency.
602 Lack of personal knowledge.
605 Competency of judge as witness.
606 Competency of juror as witness.
608 Evidence of character and conduct of witness.
609 Impeachment by evidence of conviction of crime.
610 Religious beliefs or opinions.
611 Mode and order of interrogation and presentation.
612 Writing used to refresh memory.
613 Prior statements of witnesses.
614 Calling and interrogation of witness by court.
616 Televised testimony of child.
701 Opinion testimony by lay witnesses.
704-416 overrides this rule. 71 H. 591, 801 P.2d 27 (1990).
703 Bases of opinion testimony by experts.
704 Opinion on ultimate issue.
705 Disclosure of facts or data underlying expert opinion.
803 Hearsay exceptions; availability of declarant immaterial.
804 Hearsay exceptions; declarant unavailable.
806 Attacking and supporting credibility of declarant.
901 Requirement of authentication or identification.
903 Subscribing witness' testimony unnecessary.
1003 Admissibility of duplicates.
1004 Admissibility of other evidence of contents.
1007 Testimony or written admission of party.
1008 Functions of court and jury.
1102 Jury instructions; comment on evidence prohibited.
626-2 Effective date; applicability to future cases and pending cases.