Title 33, Evidence

§621-1 Subpoena, issue of. The clerks of the several courts shall issue writs of subpoena as provided by the rules of court or by statute. Except as otherwise provided, the clerks shall issue to any prosecuting officer, and to any party plaintiff or defendant, in any cause, civil…

§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' appear…

[§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…

§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 th…

§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 o…

§621-26 Confessions, when admissible. No confession shall be received in evidence unless it is first made to appear to the judge before whom the case is being tried that the confession was in fact voluntarily made. [L 1876, c 32, §64; RL 1925, §2630; am L 1927, c 204, §1; am L 19…

[§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…

[§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 gra…

[§621-31] Limitation on compellable testimony from journalists and newscasters; exceptions. (a) A journalist or newscaster presently or previously employed by or otherwise professionally associated with any newspaper, magazine, news agency, press association, wire service, radio …

§621-4 Compelling attendance. Upon nonattendance of witnesses duly summoned, the service of the writ being proved, the court shall have summary power to cause their attendance and to punish them for contempt. [L 1876, c 32, §3; RL 1925, §2565; RL 1935, §3813; RL 1945, §9824; RL 1…

§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 …

§621-7 Fees; criminal cases. (a) Except as provided in subsection (c), every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $40 for each day's attendance and a reasonable mileage f…

§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…

§621-9 Witness and defendant expenses; budgetary procedure. (a) Except as provided for in section 802-7, whenever a witness subpoenaed on behalf of the State in a criminal case or on behalf of a defendant at the expense of the State in a criminal case is discharged, the clerk of …

§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: and the presiding officer info…

§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, issu…

§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 …

§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 …

§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 witne…

§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 …

PART V. MEDICAL RECORDS §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 outcome…

§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 cus…

§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: (b) The affidavit shall be notarized by a notary public, who may be the custodian…

§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…

§622-57 Availability of medical records. (a) If a patient of a health care provider as defined in section 671‑1, requests copies of the patient's medical records, the copies shall be made available to the patient unless, in the opinion of the health care provider, it would be det…

§622-58 Retention of medical records. (a) Medical records may be computerized or minified by the use of microfilm or any other similar photographic process; provided that the method used creates an unalterable record. The health care provider shall retain medical records in the o…

[§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 physi…

§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 i…

§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: (b) When the t…

§624-25 Discovery. A civil action in the nature of a bill for discovery may be brought according to the usages and principles of courts of equity, unless the matter is governed by the rules of court. [L 1972, c 143, §1(c)]

§624-25.5 Proceedings and records of peer review committees and quality assurance committees. (a) As used in this section: "Case review forum" means any meeting convened by the administrative or professional staff of a licensed hospital or clinic for the presentation and critique…

§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…

§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 th…

PART III. COSTS §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)]

PART IV. PERPETUATION OF TESTIMONY §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…

§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 194…

[§624D‑1] Short title. This chapter may be cited as the Uniform Interstate Depositions and Discovery Act. [L 2012, c 17, pt of §1]

[§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,…

[§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 cha…

[§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]

[§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]

[§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 …

[§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]

§626-1 Enactment. The Hawaii Rules of Evidence as set forth in this section is enacted:

§626-2 Effective date; applicability to future cases and pending cases. This chapter shall take effect on January 1, 1981. The Hawaii Rules of Evidence in section 626-1 shall apply to actions, cases, and proceedings brought on or after January 1, 1981; provided that the rules sha…

§626-3 Inconsistent laws. If any other provision of law, including any rule promulgated by the supreme court, is inconsistent with this chapter, this chapter shall govern unless this chapter or such inconsistent provision of law specifically provides otherwise. [L 1980, c 164, pt…