Hawaii Revised Statutes
Title 33. Evidence

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...

621-11 REPEALED. - §621-11 REPEALED. L 1976, c 131, §1.

621-12 Oath; affirmation. - §621-12 Oath; affirmation. Every court and person having authority to...

621-13 Oaths, validity of. - §621-13 Oaths, validity of. If an oath has been administered...

621-14 to 621-25 REPEALED. - § §621-14 to 621-25 REPEALED. L 1980, c 164, §...

621-26 Confessions, when admissible. - §621-26 Confessions, when admissible. No confession shall be received in...

621-27 REPEALED. - §621-27 REPEALED. L 1972, c 104, §1(t).

621-28 Accompaniment of children at judicial proceedings. - §621-28 Accompaniment of children at judicial proceedings. A child less...

621-30 Use of a facility dog. - §621-30 Use of a facility dog. (a) For purposes of...

621C. Witness Immunity

621C-1 Self-incrimination claim precluded. - §621C-1 Self-incrimination claim precluded. If a person refuses, on the...

621C-2 Procedures. - §621C-2 Procedures. If a person has been or may be...

621C-3 Use immunity. - §621C-3 Use immunity. The testimony or production that is compelled...

621C-4 Transactional immunity. - §621C-4 Transactional immunity. If a person is ordered to testify...

621C-5 Penalty. - §621C-5 Penalty. Any witness granted immunity hereunder who fails or...

622. Documentary Evidence

622-1 to 622-5 REPEALED. - § §622-1 to 622-5 REPEALED. L 1980, c 164, §5.

622-11 to 622-23 REPEALED. - § §622-11 to 622-23 REPEALED. L 1980, c 164, §6.

622-31 to 622-33 REPEALED. - § §622-31 to 622-33 REPEALED. L 1980, c 164, §7.

622-41 and 622-42 REPEALED. - § §622-41 and 622-42 REPEALED. L 1980, c 164, §8.

622-43 Decree of distribution, prima facie evidence of what. - §622-43 Decree of distribution, prima facie evidence of what. When...

622-44 and 622-45 REPEALED. - § §622-44 and 622-45 REPEALED. L 1972, c 104, §2(r).

622-51 Definitions. - §622-51 Definitions. As used in this part: "Health care data"...

622-52 Subpoena duces tecum for medical records, compliance. - §622-52 Subpoena duces tecum for medical records, compliance. (a) Whenever...

622-53 Affidavit accompanying medical records. - §622-53 Affidavit accompanying medical records. (a) The medical records shall...

622-54 and 622-55 REPEALED. - § §622-54 and 622-55 REPEALED. L 1980, c 164, §9.

622-56 Fees; service of more than one subpoena. - §622-56 Fees; service of more than one subpoena. (a) All...

622-57 Availability of medical records. - §622-57 Availability of medical records. (a) If a patient of...

622-58 Retention of medical records. - §622-58 Retention of medical records. (a) Medical records may be...

622-59 Health care data discovery. - §622-59 Health care data discovery. Where health care data submitted...

623. Uniform Judicial Notice of Foreign Laws--Repealed - REPEALED. L 1980, c 164, §10.

624. Depositions and Discovery

624-1, 624-2, and 624-11 to 624-19 REPEALED. - § §624-1, 624-2, and 624-11 to 624-19 REPEALED. L 1972,...

624-21 to 624-23 REPEALED. - Note Part heading amended by L 1972, c 143, §1(l)....

624-24 Arbitrators, etc. - §624-24 Arbitrators, etc. [(a)] An arbitrator or other person, other...

624-24.5 Compelling attendance of witness; commission for taking testimony. - §624-24.5 Compelling attendance of witness; commission for taking testimony. (a)...

624-25 Discovery. - §624-25 Discovery. A civil action in the nature of a...

624-25.5 Proceedings and records of peer review committees and quality assurance committees. - §624-25.5 Proceedings and records of peer review committees and quality...

624-26 REPEALED. - Note Part heading renumbered by L 1972, c 143, §1(m)....

624-27 Subpoena to witness. - §624-27 Subpoena to witness. Where a commission to take testimony...

624-28 Taking and return of deposition. - §624-28 Taking and return of deposition. The officer, commissioner, or...

624-31 to 624-34 REPEALED. - § §624-31 to 624-34 REPEALED. L 1972, c 143, §1(j).

624-35 Costs. - Note Part heading added by L 1972, c 143, §1(n)....

624-41 Action for. - Note Part heading renumbered by L 1972, c 143, §1(o)....

624-42 to 624-44 REPEALED. - § §624-42 to 624-44 REPEALED. L 1972, c 143, §1(j).

624-45 Costs. - §624-45 Costs. The applicant or plaintiff shall pay all costs...

624D. Uniform Interstate Depositions and Discovery Act

624D-1 Short title. - §624D-1 Short title. This chapter may be cited as the...

624D-2 Definitions. - §624D-2 Definitions. In this chapter: "Foreign jurisdiction" means a state...

624D-3 Issuance of subpoena. - §624D-3 Issuance of subpoena. (a) To request issuance of a...

624D-4 Service of subpoena. - §624D-4 Service of subpoena. A subpoena issued by a clerk...

624D-5 Deposition, production, and inspection. - §624D-5 Deposition, production, and inspection. Rules 26, 27, 28, 29,...

624D-6 Application to court. - §624D-6 Application to court. A motion to the court for...

624D-7 Application to pending actions. - §624D-7 Application to pending actions. This chapter applies to requests...

625. Notice to Admit, Inspection, and Discovery--Repealed - REPEALED. L 1972, c 143, §2.

626. Hawaii Rules of Evidence

626-1 Enactment. - §626-1 Enactment. The Hawaii Rules of Evidence as set forth...

100 Title and citation. - Rule 100 Title and citation. These rules shall be known...

101 Scope. - Rule 101 Scope. These rules govern proceedings in the courts...

102 Purpose and construction. - Rule 102 Purpose and construction. These rules shall be construed...

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... - Rule 102.1 Effect of commentary. The commentary to these rules...

103 Rulings on evidence. - Rule 103 Rulings on evidence. (a) Effect of erroneous ruling....

104 Preliminary questions. - Rule 104 Preliminary questions. (a) Questions of admissibility generally. Preliminary...

105 Limited admissibility. - Rule 105 Limited admissibility. When evidence which is admissible as...

106 Remainder of or related writings or recorded statements. - Rule 106 Remainder of or related writings or recorded statements....

201 Judicial notice of adjudicative facts. - Rule 201 Judicial notice of adjudicative facts. (a) Scope of...

202 Judicial notice of law. - Rule 202 Judicial notice of law. (a) Scope of rule....

301 Definitions. - Rule 301 Definitions. The following definitions apply under this article:...

302 Presumptions in civil proceedings. - Rule 302 Presumptions in civil proceedings. (a) General rule. In...

303 Presumptions imposing burden of producing evidence. - Rule 303 Presumptions imposing burden of producing evidence. (a) General...

304 Presumptions imposing burden of proof. - Rule 304 Presumptions imposing burden of proof. (a) General rule....

305 Prima facie evidence. - Rule 305 Prima facie evidence. A statute providing that a...

306 Presumptions in criminal proceedings. - Rule 306 Presumptions in criminal proceedings. (a) Presumptions against the...

401 Definition of "relevant evidence". - Rule 401 Definition of "relevant evidence". "Relevant evidence" means evidence...

402 Relevant evidence generally admissible; irrelevant evidence inadmissible. - Rule 402 Relevant evidence generally admissible; irrelevant evidence inadmissible. All...

403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. - Rule 403 Exclusion of relevant evidence on grounds of prejudice,...

404 Character evidence not admissible to prove conduct; exceptions; other crimes. - Rule 404 Character evidence not admissible to prove conduct; exceptions;...

405 Methods of proving character. - Rule 405 Methods of proving character. (a) Reputation or opinion....

406 Habit; routine practice. - Rule 406 Habit; routine practice. Evidence of the habit of...

407 Subsequent remedial measures. - Rule 407 Subsequent remedial measures. When, after an event, measures...

408 Compromise, offers to compromise, and mediation proceedings. - Rule 408 Compromise, offers to compromise, and mediation proceedings. Evidence...

409 Payment of medical and similar expenses. - Rule 409 Payment of medical and similar expenses. Evidence of...

409.5 COMMENTARY This rule, shielding expressions of "sympathy, commiseration, or condolence", resembles measures recently adopted in several sister states. See, e.g., CA Evid. Code §1160, excluding expressions of "sympathy or a general sense of bene... - RULE 409.5 COMMENTARY This rule, shielding expressions of "sympathy, commiseration,...

410 Inadmissibility of pleas, plea discussions, and related statements. - Rule 410 Inadmissibility of pleas, plea discussions, and related statements....

411 Liability insurance. - Rule 411 Liability insurance. Evidence that a person was or...

412 Sexual offense and sexual harassment cases; relevance of victim's past behavior. - Rule 412 Sexual offense and sexual harassment cases; relevance of...

501 Privileges recognized only as provided. - Rule 501 Privileges recognized only as provided. Except as otherwise...

502 Required reports privileged by statute. - Rule 502 Required reports privileged by statute. A person, corporation,...

503 Lawyer-client privilege. - Rule 503 Lawyer-client privilege. (a) Definitions. As used in this...

504 Physician-patient privilege. - Rule 504 Physician-patient privilege. (a) Definitions. As used in this...

504.1 Psychologist-client privilege. - Rule 504.1 Psychologist-client privilege. (a) Definitions. As used in this...

505 Spousal privilege. - Rule 505 Spousal privilege. (a) Criminal proceedings. In a criminal...

84A-22.13 and 22.15 (1991), the New Jersey Legislature declared that the "counseling of victims is most successful when the victims are assured [that] their thoughts and feelings will remain confidential and will not be disclosed without their permis... - Rule 505.5 Victim-counselor privilege. (a) Definitions. As used in this...

506 Communications to clergy. - Rule 506 Communications to clergy. (a) Definitions. As used in...

507 Political vote. - Rule 507 Political vote. Every person has a privilege to...

508 Trade secrets. - Rule 508 Trade secrets. A person has a privilege, which...

509 Privilege against self-incrimination. - Rule 509 Privilege against self-incrimination. To the extent that such...

510 Identity of informer. - Rule 510 Identity of informer. (a) Rule of privilege. The...

511 Waiver of privilege by voluntary disclosure. - Rule 511 Waiver of privilege by voluntary disclosure. A person...

512 Privileged matter disclosed under compulsion or without opportunity to claim privilege. - Rule 512 Privileged matter disclosed under compulsion or without opportunity...

513 Comment upon or inference from claim of privilege; instructions. - Rule 513 Comment upon or inference from claim of privilege;...

601 General rule of competency. - Rule 601 General rule of competency. Every person is competent...

602 Lack of personal knowledge. - Rule 602 Lack of personal knowledge. A witness may not...

603 Oath or affirmation. - Rule 603 Oath or affirmation. Before testifying, every witness shall...

621-16 (1976) (repealed 1980) (originally enacted as L 1876, c 32, §50; am L 1972, c 104, §1(k)), provided that the court could "receive the evidence of any minor; provided, that the evidence of the minor is given upon his affirmation to tell the tru... - Rule 603.1 Disqualifications. A person is disqualified to be a...

604 Interpreters. - Rule 604 Interpreters. An interpreter is subject to the provisions...

605 Competency of judge as witness. - Rule 605 Competency of judge as witness. The judge presiding...

606 Competency of juror as witness. - Rule 606 Competency of juror as witness. (a) At the...

607 Who may impeach. - Rule 607 Who may impeach. The credibility of a witness...

608 Evidence of character and conduct of witness. - Rule 608 Evidence of character and conduct of witness. (a)...

609 Impeachment by evidence of conviction of crime. - Rule 609 Impeachment by evidence of conviction of crime. (a)...

17-18, 575 P.2d 448, 459-60 (1978): The general rule is that a witness may be impeached through a showing of bias, hostility or prejudice, and this may be done by use of the witness' own testimony or by other evidence.... We believe that the correct... - Rule 609.1 Evidence of bias, interest, or motive. (a) General...

610 Religious beliefs or opinions. - Rule 610 Religious beliefs or opinions. Evidence of beliefs or...

611 Mode and order of interrogation and presentation. - Rule 611 Mode and order of interrogation and presentation. (a)...

612 Writing used to refresh memory. - Rule 612 Writing used to refresh memory. If a witness...

613 Prior statements of witnesses. - Rule 613 Prior statements of witnesses. (a) Examining witness concerning...

614 Calling and interrogation of witness by court. - Rule 614 Calling and interrogation of witness by court. (a)...

615 Exclusion of witnesses. - Rule 615 Exclusion of witnesses. At the request of a...

616 Televised testimony of child. - Rule 616 Televised testimony of child. In any prosecution of...

701 Opinion testimony by lay witnesses. - Rule 701 Opinion testimony by lay witnesses. If the witness...

702 Testimony by experts. - Rule 702 Testimony by experts. If scientific, technical, or other...

704-416 overrides this rule. 71 H. 591, 801 P.2d 27 (1990). - Rule 702.1 Cross-examination of experts. (a) General. A witness testifying...

703 Bases of opinion testimony by experts. - Rule 703 Bases of opinion testimony by experts. The facts...

704 Opinion on ultimate issue. - Rule 704 Opinion on ultimate issue. Testimony in the form...

705 Disclosure of facts or data underlying expert opinion. - Rule 705 Disclosure of facts or data underlying expert opinion....

706 Court-appointed experts. - Rule 706 Court-appointed experts. In the exercise of its discretion,...

801 Definitions. - Rule 801 Definitions. The following definitions apply under this article:...

802 Hearsay rule. - Rule 802 Hearsay rule. Hearsay is not admissible except as...

349-52 (1959), is to define the "most trustworthy class of statements" of witnesses to be turned over to the defense for impeachment purposes. Regarding the requirement that (e)(2) subdivision statements be "substantially verbatim," the court said: "... - Rule 802.1 Hearsay exception; prior statements by witnesses. The following...

803 Hearsay exceptions; availability of declarant immaterial. - Rule 803 Hearsay exceptions; availability of declarant immaterial. The following...

804 Hearsay exceptions; declarant unavailable. - Rule 804 Hearsay exceptions; declarant unavailable. (a) Definition of unavailability....

805 Hearsay within hearsay. - Rule 805 Hearsay within hearsay. Hearsay included within hearsay is...

806 Attacking and supporting credibility of declarant. - Rule 806 Attacking and supporting credibility of declarant. When a...

901 Requirement of authentication or identification. - Rule 901 Requirement of authentication or identification. (a) General provision....

902 Self-authentication. - Rule 902 Self-authentication. Extrinsic evidence of authenticity as a condition...

903 Subscribing witness' testimony unnecessary. - Rule 903 Subscribing witness' testimony unnecessary. The testimony of a...

1001 Definitions. - Rule 1001 Definitions. For purposes of this article the following...

1002 Requirement of original. - Rule 1002 Requirement of original. To prove the content of...

1003 Admissibility of duplicates. - Rule 1003 Admissibility of duplicates. A duplicate is admissible to...

1004 Admissibility of other evidence of contents. - Rule 1004 Admissibility of other evidence of contents. The original...

1005 Public records. - Rule 1005 Public records. The contents of a public record,...

1006 Summaries. - Rule 1006 Summaries. The contents of voluminous writings, recordings, or...

1007 Testimony or written admission of party. - Rule 1007 Testimony or written admission of party. Contents of...

1008 Functions of court and jury. - Rule 1008 Functions of court and jury. When the admissibility...

1101 Applicability of rules. - Rule 1101 Applicability of rules. (a) Courts. These rules apply...

1102 Jury instructions; comment on evidence prohibited. - Rule 1102 Jury instructions; comment on evidence prohibited. The court...

626-2 Effective date; applicability to future cases and pending cases. - §626-2 Effective date; applicability to future cases and pending cases....

626-3 Inconsistent laws. - §626-3 Inconsistent laws. If any other provision of law, including...

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Hawaii Revised Statutes Title 33. Evidence

Hawaii Revised Statutes
Title 33. Evidence