CHAPTER 626

HAWAII RULES OF EVIDENCE

Section

626-1 Enactment

ARTICLE I. GENERAL PROVISIONS

Rule

100 Title and citation

101 Scope

102 Purpose and construction

102.1 Effect of commentary

103 Rulings on evidence

104 Preliminary questions

105 Limited admissibility

106 Remainder of or related writings or recorded

statements

ARTICLE II. JUDICIAL NOTICE

Rule

201 Judicial notice of adjudicative facts

202 Judicial notice of law

ARTICLE III. PRESUMPTIONS

Rule

301 Definitions

302 Presumptions in civil proceedings

303 Presumptions imposing burden of producing evidence

304 Presumptions imposing burden of proof

305 Prima facie evidence

306 Presumptions in criminal proceedings

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule

401 Definition of "relevant evidence"

402 Relevant evidence generally admissible; irrelevant

evidence inadmissible

403 Exclusion of relevant evidence on grounds of

prejudice, confusion, or waste of time

404 Character evidence not admissible to prove conduct;

exceptions; other crimes

405 Methods of proving character

406 Habit; routine practice

407 Subsequent remedial measures

408 Compromise, offers to compromise, and mediation

proceedings

409 Payment of medical and similar expenses

410 Inadmissibility of pleas, plea discussions, and

related statements

411 Liability insurance

412 Sexual offense and sexual harassment cases;

relevance of victim's past behavior

ARTICLE V. PRIVILEGES

Rule

501 Privileges recognized only as provided

502 Required reports privileged by statute

503 Lawyer-client privilege

504 Physician-patient privilege

504.1 Psychologist-client privilege

505 Spousal privilege

505.5 Victim-counselor privilege

506 Communications to clergy

507 Political vote

508 Trade secrets

509 Privilege against self-incrimination

510 Identity of informer

511 Waiver of privilege by voluntary disclosure

512 Privileged matter disclosed under compulsion or

without opportunity to claim privilege

513 Comment upon or inference from claim of privilege;

instructions

ARTICLE VI. WITNESSES

Rule

601 General rule of competency

602 Lack of personal knowledge

603 Oath or affirmation

603.1 Disqualifications

604 Interpreters

605 Competency of judge as witness

606 Competency of juror as witness

607 Who may impeach

608 Evidence of character and conduct of witness

609 Impeachment by evidence of conviction of crime

609.1 Evidence of bias, interest, or motive

610 Religious beliefs or opinions

611 Mode and order of interrogation and presentation

612 Writing used to refresh memory

613 Prior statements of witnesses

614 Calling and interrogation of witness by court

615 Exclusion of witnesses

616 Televised testimony of child

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Rule

701 Opinion testimony by lay witnesses

702 Testimony by experts

702.1 Cross-examination of experts

703 Bases of opinion testimony by experts

704 Opinion on ultimate issue

705 Disclosure of facts or data underlying expert

opinion

706 Court-appointed experts

ARTICLE VIII. HEARSAY

Rule

801 Definitions

802 Hearsay rule

802.1 Hearsay exception; prior statements by witnesses

803 Hearsay exceptions; availability of declarant

immaterial

804 Hearsay exceptions; declarant unavailable

805 Hearsay within hearsay

806 Attacking and supporting credibility of declarant

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

Rule

901 Requirement of authentication or identification

902 Self-authentication

903 Subscribing witness' testimony unnecessary

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND

PHOTOGRAPHS

Rule

1001 Definitions

1002 Requirement of original

1003 Admissibility of duplicates

1004 Admissibility of other evidence of contents

1005 Public records

1006 Summaries

1007 Testimony or written admission of party

1008 Functions of court and jury

ARTICLE XI. MISCELLANEOUS RULES

Rule

1101 Applicability of rules

1102 Jury instructions; comment on evidence prohibited

Section

626-2 Effective date; applicability to future cases and

pending cases

626-3 Inconsistent laws

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