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 these the Hawai'i Rules of Evidence. (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. If an objection to a question propounded to a witness is sustained by the court, the examining party may make a specific offer of what that party expects to prove by the answer of the witness. 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. 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 that 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. Haw. Dis. Ct. R. Civ. P. 43
Amended March 24, 2000, effective 7/1/2000.COMMENTS:
HRCP Rule 43(a) adopted verbatim. The old DCRCP Rule 43(a) did not contemplate the Hawai'i Rules of Evidence which now control such matters.
DCRCP Rule 43(c) adopted instead of HRCP Rule 43(c) because there are no jury trials in District Court. DCRCP Rule 43(c) changed to gender neutral language. Also adds the word "party" to clarify a sentence.
DRCP Rules 43(d) and (e) not changed.
HRCP Rule 43(f) adopted with changes to gender neutral language.
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