Rule 43.1.Recording of Testimony and Proceedings.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 43.1
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
The court shall order that testimony and other matters required to be preserved by a reporter be preserved by audio or video recording, or by another appropriate method. Recording is the norm in Hawaii family court rather than a stenographer, and this rule is what authorizes it.
The obligation that follows is on the court, not the parties. It is the court responsibility to see that the record made is clear enough to permit full transcription and truly discloses what happened, with references that let a reader locate what they need.
That matters on appeal. A party challenging a finding of fact needs a transcript, and this rule is the source of the recording a transcript is made from. Rule 77.1 separately covers the preparation of the clerk minutes and the deposit of exhibits.
Frequently Asked Questions
Are Hawaii family court hearings recorded?
Yes. The court orders that testimony and other matters required to be preserved be kept by audio or video recording or another appropriate method.
Who is responsible for the quality of the record?
The court. It must see that the record is sufficiently clear to permit full transcription and truly discloses what occurred.
Is a court reporter required?
The rule provides for preservation by recording or such other method as may be appropriate, rather than requiring a stenographic reporter.
How do I get a transcript?
From the recording this rule requires. Rule 5 of these rules governs fees for records and transcripts in the family courts.
Where are the exhibits kept?
Rule 77.1 covers preparation of the clerk minutes and deposit of exhibits.