Report Title:

Intermediate Appellate Court; Powers; Subpoena; Oaths

Description:

Authorizes the intermediate appellate court to subpoena and compel the attendance of witnesses and compel the production of books, papers, documents, or tangible things.  Authorizes any intermediate appellate court judge to administer oaths.  Requires judiciary to report on use of this subpoena power.  Repeals provisions on June 30, 2010.  (HB2697 CD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2697
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII		S.D. 1
		C.D. 1

A BILL FOR AN ACT

RELATING TO THE INTERMEDIATE APPELLATE COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 602, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§602-   Subpoenas; oaths. The intermediate appellate court shall have the power to subpoena and compel the attendance of witnesses from any part of the state and to compel the production of books, papers, documents, or tangible things.  Any judge of the intermediate appellate court may administer oaths."

     SECTION 2.  No later than twenty days prior to the convening of the regular session of 2010, or as part of the report required in section 2 of Act 94, Session Laws of Hawaii 2006, the judiciary shall submit a report to the legislature on the number of times the intermediate appellate court has exercised the subpoena power granted by this Act, including a brief description of the circumstances giving rise to the need for each use.

SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval and shall be repealed on June 30, 2010.