§672B-11 Subsequent litigation; excluded evidence. [(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under section 672B-15 has expired.
[(b)] No statement made in the course of the hearing of the design claim conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 672B-16. No decision, conclusion, finding, or recommendation of the design claim conciliation panel on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the design claim conciliation panel hearing, or the counsel or other representative of the party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 672B-16. [L 2007, c 207, pt of §2]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
672B. Design Claim Conciliation Panel
672B-2 Administration of chapter.
672B-3 Design claim conciliation panels; composition, selection, compensation.
672B-6 Certificate of consultation.
672B-7 Design claim conciliation panel hearing; fact-finding; evidence; voluntary settlement.
672B-8 Design claim conciliation panel hearing; persons attending.
672B-9 Design claim conciliation panel hearing; decisions.
672B-10 Expungement of records; liability insurance rates.
672B-11 Subsequent litigation; excluded evidence.
672B-12 Arbitration; subsequent litigation.
672B-13 Submission of claim to an alternative dispute resolution provider.
672B-14 Immunity of panel members from liability.
672B-15 Statute of limitations tolled.