Rule 33 - Questions to Parties(a) Availability; procedures for use. Any party may serve upon any other party written questions to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Questions may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after commencement of the summons and complaint upon that party. Questions must comply with Rule 30 of the Rules of the District Court of the State of Hawai'i. Each question shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer, in conformity with Rule 30 of the Rules of the District Court. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the questions have been served shall serve a copy of the answers, and objections if any, within 10 days after the service of questions, except that a defendant may serve answers or objections within 15 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The party submitting the questions may move for an order under Rule 37(a) with respect to any objection to or other failure to answer a question.
(b) Scope; use at trial. Questions may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence. A question otherwise proper is not necessarily objectionable merely because an answer to the question involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such question need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time.
(c) Option to produce business records. Where the answer to a question may be derived or ascertained from the business records of the party upon whom the question has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof and the burden of deriving or ascertaining the answer is substantially the same for the party serving the question as for the party served, it is a sufficient answer to such question to specify the records from which the answer may be derived or ascertained and to afford the party servicing the question reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the questioning party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. Haw. Dis. Ct. R. Civ. P. 33
Amended effective 12/6/1996.COMMENTS:
Adopts HRCP Rule 33 with a change in the deadline for answer and objection from 30 and 45 days to 10 and 15 days to conform to the shorter time periods in District Court. Also adds in a provision for providing business records and includes a cross-reference to the applicable District Court Rule.
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