HRS 0626-0001-1007 ANNOTATIONS

This rule is identical with Fed. R. Evid. 1007. It requires that the admission of the party-opponent be in the form of testimony or in writing, and thus follows the suggestion contained in McCormick §242. In addition, as the Advisory Committee's Note to Fed. R. Evid. 1007 points out, "[t]he limitation, of course, does not call for excluding evidence of an oral admission when nonproduction of the original has been accounted for and secondary evidence generally has become admissible. Rule 1004 supra."