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
409.5 Admissibility of expressions of sympathy and condolence
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
Note
The Commentary in this replacement volume includes the Commentary from the 1993 replacement volume and the subsequent volume 13 supplements up through 2015. The Commentary following each rule of evidence in the 1993 replacement volume 13 and some of the Commentary in the subsequent volume 13 supplements were prepared by Addison M. Bowman, formerly of the University of Hawaii William S. Richardson School of Law. Mr. Bowman served as reporter to the Hawaii Judicial Council Evidence Committee and various rules of evidence committees. As to the effect of the Commentary, see Rule 102.1 of the Hawaii Rules of Evidence.
Law Journals and Reviews
The Hawaii Rules of Evidence. 2 UH L. Rev. 431 (1980-1981).
Chief Justice Moon's Criminal Past. 33 UH L. Rev. 755 (2011).
Case Notes
Where the indictment was in the circuit court's file and in the court's immediate possession as it was attached to the defendant's post-verdict motion and part of the records of the case, and the ready availability and accuracy of the indictment, which neither party contested, thus could not be questioned, the circuit court erred in failing to take judicial notice of the date the indictment was found and filed. 137 H. 19, 364 P.3d 917 (2016).
Where the indictment was in the record on appeal and was in the intermediate court of appeals' immediate possession and neither party disputed on appeal the validity and accuracy of the date of the indictment, and therefore the accuracy of the indictment could not be reasonably questioned, the court erred in failing to take judicial notice of the date the indictment was found and filed. 137 H. 19, 364 P.3d 917 (2016).
Cited: 133 H. 102, 324 P.3d 912 (2014).