Haw. Code R. § 12-44-51 - Use of depositions

(a) A deposition ordered and taken in accordance with section 12-44-49 may be used in a proceeding if the presiding officer finds that the evidence is otherwise admissible and;

(1) The witness is dead;

(2) The witness is out of the State, unless it appears that the absence of the witness is procured by the party offering the deposition;

(3) The witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment;

(4) The party offering the deposition has endeavored and has been unable to procure the attendance of the witness by subpoena; or

(5) Upon application and notice, that those exceptional circumstances exist as to make it desirable to allow the deposition to be made in the interest of justice and with due regard to the importance of presenting the testimony orally before the council or hearing officer.

(b) If any part of the deposition is put in evidence by a party, any other party may require the production of the remainder or any other portions of the deposition.

Notes

Haw. Code R. § 12-44-51

[Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)