CHAPTER 626
HAWAII RULES OF EVIDENCE
Section
626-1 Enactment
ARTICLE I. GENERAL PROVISIONS
Rule
626:1-100 Title and citation
626:1-101 Scope
626:1-102 Purpose and construction
626:1-102.1 Effect of commentary
626:1-103 Rulings on evidence
626:1-104 Preliminary questions
626:1-105 Limited admissibility
626:1-106 Remainder of or related writings or recorded
statements
ARTICLE II. JUDICIAL NOTICE
Rule
626:1-201 Judicial notice of adjudicative facts
626:1-202 Judicial notice of law
ARTICLE III. PRESUMPTIONS
Rule
626:1-301 Definitions
626:1-302 Presumptions in civil proceedings
626:1-303 Presumptions imposing burden of producing evidence
626:1-304 Presumptions imposing burden of proof
626:1-305 Prima facie evidence
626:1-306 Presumptions in criminal proceedings
ARTICLE IV. RELEVANCY AND ITS LIMITS
Rule
626:1-401 Definition of "relevant evidence"
626:1-402 Relevant evidence generally admissible; irrelevant
evidence inadmissible
626:1-403 Exclusion of relevant evidence on grounds of
prejudice, confusion, or waste of time
626:1-404 Character evidence not admissible to prove conduct;
exceptions; other crimes
626:1-405 Methods of proving character
626:1-406 Habit; routine practice
626:1-407 Subsequent remedial measures
626:1-408 Compromise, offers to compromise, and mediation
proceedings
626:1-409 Payment of medical and similar expenses
626:1-409.5 Admissibility of expressions of sympathy and condolence
626:1-410 Inadmissibility of pleas, plea discussions, and
related statements
626:1-411 Liability insurance
626:1-412 Sexual offense and sexual harassment cases;
relevance of victim's past behavior
ARTICLE V. PRIVILEGES
Rule
626:1-501 Privileges recognized only as provided
626:1-502 Required reports privileged by statute
626:1-503 Lawyer-client privilege
626:1-504 Physician-patient privilege
626:1-504.1 Psychologist-client privilege
626:1-505 Spousal privilege
626:1-505.5 Victim-counselor privilege
626:1-506 Communications to clergy
626:1-507 Political vote
626:1-508 Trade secrets
626:1-509 Privilege against self-incrimination
626:1-510 Identity of informer
626:1-511 Waiver of privilege by voluntary disclosure
626:1-512 Privileged matter disclosed under compulsion or
without opportunity to claim privilege
626:1-513 Comment upon or inference from claim of privilege;
instructions
ARTICLE VI. WITNESSES
Rule
626:1-601 General rule of competency
626:1-602 Lack of personal knowledge
626:1-603 Oath or affirmation
626:1-603.1 Disqualifications
626:1-604 Interpreters
626:1-605 Competency of judge as witness
626:1-606 Competency of juror as witness
626:1-607 Who may impeach
626:1-608 Evidence of character and conduct of witness
626:1-609 Impeachment by evidence of conviction of crime
626:1-609.1 Evidence of bias, interest, or motive
626:1-610 Religious beliefs or opinions
626:1-611 Mode and order of interrogation and presentation
626:1-612 Writing used to refresh memory
626:1-613 Prior statements of witnesses
626:1-614 Calling and interrogation of witness by court
626:1-615 Exclusion of witnesses
626:1-616 Televised testimony of child
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule
626:1-701 Opinion testimony by lay witnesses
626:1-702 Testimony by experts
626:1-702.1 Cross-examination of experts
626:1-703 Bases of opinion testimony by experts
626:1-704 Opinion on ultimate issue
626:1-705 Disclosure of facts or data underlying expert
opinion
626:1-706 Court-appointed experts
ARTICLE VIII. HEARSAY
Rule
626:1-801 Definitions
626:1-802 Hearsay rule
626:1-802.1 Hearsay exception; prior statements by witnesses
626:1-803 Hearsay exceptions; availability of declarant
immaterial
626:1-804 Hearsay exceptions; declarant unavailable
626:1-805 Hearsay within hearsay
626:1-806 Attacking and supporting credibility of declarant
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule
626:1-901 Requirement of authentication or identification
626:1-902 Self-authentication
626:1-903 Subscribing witness' testimony unnecessary
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND
PHOTOGRAPHS
Rule
626:1-1001 Definitions
626:1-1002 Requirement of original
626:1-1003 Admissibility of duplicates
626:1-1004 Admissibility of other evidence of contents
626:1-1005 Public records
626:1-1006 Summaries
626:1-1007 Testimony or written admission of party
626:1-1008 Functions of court and jury
ARTICLE XI. MISCELLANEOUS RULES
Rule
626:1-1101 Applicability of rules
626:1-1102 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).