Haw. Code R. § 6-23-13 - Use of depositions

(a) A deposition ordered and taken in accordance with section 6-23-12 may be used in a proceeding if the hearing 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 such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony orally before the board or hearing officer, to allow the deposition to be made.

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

Notes

Haw. Code R. § 6-23-13

[Eff 11/9/81; am and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 88-82, 91-2) Am and comp 4/11/2022