(a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by the Hawai‘i Rules of Evidence, statute, or other rules adopted by the Hawai‘i Supreme Court.
Rule 43.Taking of Testimony.
Last amended January 1, 2026 · Last verified July 3, 2026
In one sentenceRule 43 sets the default rules for how testimony is taken at trial, plus a handful of related evidentiary and logistical matters.
Full Text of Rule 43
(b) Presentation of expert testimony. The court may schedule the presentation of all expert testimony during the same phase of the trial.
(c) Record of excluded evidence. In an action tried by a jury, if an objection to a question propounded to a witness is sustained by the court, the examining attorney may make a specific offer of what the examining attorney expects to prove by the answer of the witness. The court may require the offer to be made out of the hearing of the jury. The court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. In actions tried without a jury the same procedure may be followed, except that the court upon request shall take and report the evidence in full, unless it clearly appears that the evidence is not admissible on any ground or that the witness is privileged.
(d) Affirmation in lieu of oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(e) Evidence on motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
(f) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended July 26, 1990, effective September 1, 1990
further amended December 7, 1999, effective January 1, 2000
further amended March 24, 2000, effective July 1, 2000
further amended July 9, 2025, effective January 1, 2026
Plain-English Summary
Witness testimony at trial is taken orally in open court unless the rules of evidence, a statute, or another court rule say otherwise, and the court can schedule all expert testimony to be presented during the same phase of trial. When an objection to a question is sustained in a jury trial, the examining attorney may make a specific offer of what the answer would have shown, which the court can require to happen outside the jury's hearing; in a bench trial, the same procedure generally applies, except the court must take and report the evidence in full on request unless it's clearly inadmissible or privileged.
Wherever these rules call for an oath, a solemn affirmation works just as well. When a motion turns on facts outside the record, the court can decide it on affidavits, or instead direct that the matter be heard, in whole or in part, through oral testimony or depositions. And the court can appoint an interpreter of its own choosing, setting a reasonable fee that gets paid from court funds or by one or more of the parties, at the court's discretion, and that can ultimately be taxed as costs.
Frequently Asked Questions
Does testimony at trial have to be given live in court?
Yes, ordinarily. Rule 43(a) requires witness testimony to be taken orally in open court unless the rules of evidence, a statute, or another rule provides otherwise.
What happens if the court sustains an objection to a question at trial?
In a jury trial, the examining attorney may make a specific offer of what the answer would have proven, which the court can require to be made outside the jury's hearing; in a bench trial, the court must generally take and report the evidence in full on request.
Can the court appoint an interpreter?
Yes. Rule 43(f) lets the court appoint an interpreter of its own choosing and set a reasonable fee, which may ultimately be taxed as costs.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 43). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: testimony at trialoffer of proofcourt-appointed interpreter