Hawaii Revised Statutes Chapter 621 — Evidence and Witnesses, Generally

Hawaii · statute · Haw. Rev. Stat. ch. 621 · 14 active provisions

Haw. Rev. Stat. § 621-1

Subpoena, issue of

The clerks of the several courts shall issue writs of subpoena as provided by the rules of court or by statute. Except as otherwise provided, the clerks shall issue to any prosecuting officer, and to any party plaintiff or defendant, in any cause, civil or criminal, pending before such courts, or to the counsel of the…

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Haw. Rev. Stat. § 621-4

Compelling attendance

Upon nonattendance of witnesses duly summoned, the service of the writ being proved, the court shall have summary power to cause their attendance and to punish them for contempt.

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Haw. Rev. Stat. § 621-5

Bystanders called without subpoena

On the trial of any issue, matter or question, or on an inquiry arising in any action or proceeding in any court or before any person having authority to hear, receive, and examine evidence, any person who happens to be present, and who by virtue of this chapter is competent to give evidence may be called and required…

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Haw. Rev. Stat. § 621-7

Fees; criminal cases

(a) Except as provided in subsection (c), every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $40 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for e…

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Haw. Rev. Stat. § 621-8

Attendance roll; parking violations exemption

(a) The clerk of each circuit court shall keep an attendance roll, in which shall be entered the name of each witness subpoenaed for the prosecution in criminal cases in the circuit, the name of each witness subpoenaed for the defendant at the expense of the State under order of the court, where each witness was subpoe…

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Haw. Rev. Stat. § 621-9

Witness and defendant expenses; budgetary procedure

(a) Except as provided for in section 802-7, whenever a witness subpoenaed on behalf of the State in a criminal case or on behalf of a defendant at the expense of the State in a criminal case is discharged, the clerk of the court shall issue to the witness, under seal of the court, a numbered certificate from a book ha…

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Haw. Rev. Stat. § 621-10

Reporting daily

Every witness in a criminal case subpoenaed for the State or for a defendant by order of the court at the expense of the State shall, unless temporarily excused, report in person daily to the clerk of the circuit court from the time of the witness' appearance to the date of the witness' discharge and no per diem shall…

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Haw. Rev. Stat. § 621-10.5

Unlawful suspension or discharge from employment; penalty; right of action

(a) An employer shall not deprive an employee of the employee's employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a witness or attends court as a prospective witness. (b) Any employer who violates subsection (a) is guilty…

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Haw. Rev. Stat. § 621-12

Oath; affirmation

Every court and person having authority to hear, receive, and examine evidence may administer the following oath-affirmation to all witnesses legally called before them: Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?

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Haw. Rev. Stat. § 621-13

Oaths, validity of

If an oath has been administered by a judge of a court of record, or by a clerk, notary public, or other person having authority to administer oaths by the law of the place where the oath was administered, it shall not be an objection to the validity of the oath that the judge or other person has not jurisdiction or co…

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Haw. Rev. Stat. § 621-26

Confessions, when admissible

No confession shall be received in evidence unless it is first made to appear to the judge before whom the case is being tried that the confession was in fact voluntarily made.

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Haw. Rev. Stat. § 621-28

Accompaniment of children at judicial proceedings

A child less than fourteen years of age, involved in a judicial proceeding, including a grand jury proceeding, shall have the right to be accompanied by a parent, a victim-witness counselor, or other adult designated by the court. The accompanying person may be placed side by side with the child at the discretion of th…

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Haw. Rev. Stat. § 621-30

Use of a facility dog

(a) For purposes of this section: "Facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of ex…

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Haw. Rev. Stat. § 621-31

Limitation on compellable testimony from journalists and newscasters; exceptions

(a) A journalist or newscaster presently or previously employed by or otherwise professionally associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network, or digital news website shall not be required by a legislative, executive, or judicia…

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