§ Rule 43 Taking of Testimony

Codes > Hawaii Revised Statutes > Hawaii Rules > VI Trials > Rule 43

Rule 43. Taking of Testimony

    (a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by the Hawai‘i Rules of Evidence, statute, or other rules adopted by the Hawai‘i Supreme Court.

    (b) Presentation of Expert Testimony. The court may schedule the presentation of all expert testimony during the same phase of the trial.

    (c) Record of Excluded Evidence. In an action tried by a jury, if an objection to a question propounded to a witness is sustained by the court, the examining attorney may make a specific offer of what he expects to prove by the answer of the witness. The court may require the offer to be made out of the hearing of the jury. The court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. In actions tried without a jury the same procedure may be followed, except that the court upon request shall take and report the evidence in full, unless it clearly appears that the evidence is not admissible on any ground or that the witness is privileged.

    (d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.

    (e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

    (f) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation.

    The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court.