Rule 45.1.Testimony of Minor Child.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 45.1
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
Two sentences, and they put a gate in front of something that happens too easily. Prior approval must be obtained from the court before any child is summoned to appear as a witness. Not after the subpoena issues, and not at the hearing.
The approval covers two questions at once: whether to allow the child to testify at all, and the form and manner in which the testimony will be permitted. That second half gives the court room to allow testimony in chambers, through a different format, or under conditions, rather than forcing a choice between open-court examination and nothing.
The court may appoint a guardian ad litem before allowing the testimony, as the law and Rule 17(c) provide. The discovery rules reach the same concern from another direction: the committee comment to Rule 26 records that the limits of this rule were carried across into the general scope of discovery when Rule 26(b)(1) was amended.
Frequently Asked Questions
Can a child testify in a Hawaii family court case?
Only with prior court approval. The court decides whether to allow the testimony and the form and manner in which it will be given.
Do I need permission before subpoenaing a child?
Yes. Prior approval must be obtained before any child is summoned to appear as a witness.
Can the court appoint someone to protect the child?
Yes. It may appoint a guardian ad litem as provided by law and Rule 17(c) before allowing the testimony.
Does the child have to testify in open court?
Not necessarily. The court determines the form and manner in which the testimony will be permitted.