THE SENATE                           S.C.R. NO.            94
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION
      REQUESTING A REVIEW OF THE HAWAII RULES OF CIVIL
  PROCEDURE RELATED TO OFFERS OF JUDGMENT AND ALLOWING DISCOVERY
  AND TESTIMONY BY VIDEOTAPE.

 1        WHEREAS, in response to a request made by the Legislature
 2   in S.C.R. 256, H.D. 1 (1997), a Tort Law Study Group was formed
 3   and made recommendations to the Legislature regarding Hawaii's
 4   tort law system; and
 5   
 6        WHEREAS, amongst the recommendations made by the Tort Law
 7   Study Group were two possible changes to the rules of civil
 8   procedure; and
 9   
10        WHEREAS, the Legislature considers the recommendationS by
11   the Tort Law Study Group of possible changes to the rules of
12   civil procedure worthy of further study; now, therefore,
13   
14        BE IT RESOLVED by the Senate of the Twentieth Legislature
15   of the State of Hawaii, Regular Session of 1999, the House of
16   Representatives concurring, that the Judiciary is requested to
17   examine the possibility of changing Rule 68 of the Hawaii Rules
18   of Civil Procedure, to:
19   
20        (1)  clarify whether an award of costs based on an Offer
21             of Judgment includes attorney's fees or any other
22             costs not awarded to a prevailing party as a matter
23             of course, and
24   
25        (2)  consider the feasibility of allowing a plaintiff to
26             make an Offer of Judgment to a defendant and
27             providing some incentive for a plaintiff to do so;
28   and
29   
30        BE IT FURTHER RESOLVED that the Judiciary's Civil Rules
31   Committee is requested to consider the appropriateness of
32   adopting a rule allowing discovery and trial testimony by
33   videotape, with procedural safeguards; and

 
 
 
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                                  S.C.R. NO.            94
                                                        
                                                        

 
 1        BE IT FURTHER RESOLVED that the Judiciary's Civil Rules
 2   Committee is requested to submit a report of its findings and
 3   recommendations to the Legislature twenty days prior to the
 4   convening of the 2000 regular session; and
 5   
 6        BE IT FURTHER RESOLVED that a certified copy of this
 7   Concurrent Resolution be transmitted to the Chief Justice of
 8   the Hawaii Supreme Court.
 9 
10 
11 
12                         OFFERED BY:  ____________________________