Rule 43.Taking of Testimony.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 43
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 default is live testimony. In all trials, witnesses testify orally in open court unless the law or a court order allows otherwise. The court may schedule all expert testimony for the same phase of the trial, which is a case management tool more than an evidentiary one.
When an objection is sustained, the examining attorney may make a specific offer of what the answer would have proved, unless it clearly appears the evidence is inadmissible on any ground or the witness is privileged. That preserves the point for review without a formal exception, which Rule 46 abolishes.
Three practical provisions close the rule. A solemn affirmation may be accepted wherever an oath is required. A motion resting on facts outside the record may be heard on affidavits or declarations, though the court may direct oral testimony or deposition instead. And the court may appoint an interpreter of its own selection and fix reasonable compensation, payable from public funds or by the parties as the court directs, and taxable as costs in its discretion.
Frequently Asked Questions
Must witnesses testify in person in Hawaii family court?
In all trials, testimony is taken orally in open court unless otherwise allowed by law or court order.
What is an offer of proof?
A statement by the examining attorney of what the answer was expected to prove, allowed after an objection is sustained unless the evidence is clearly inadmissible or the witness is privileged.
Do I have to swear an oath?
A solemn affirmation may be accepted in place of an oath wherever these rules require one.
How are facts proved on a motion?
On affidavits or declarations, unless the court directs that the matter be heard wholly or partly on oral testimony or deposition.
Who pays for an interpreter?
Compensation is paid out of funds provided by law or by one or more parties as the court directs, and may be taxed as costs in the court discretion.