HAR §5-1-49

HAR §5-1-49. Evidence

Length: 359 wordsOfficial source

Cite as Haw. Code R. § 5-1-49

(a) The presiding officer may exercise discretion in the admission or rejection of evidence and the exclusion of immaterial, irrelevant, or unduly repetitious evidence as provided by law with a view to doing substantial justice. (b) The presiding officer shall rule on the admissibility of all evidence. (c) When objections are made to the admission or exclusion of evidence, the grounds relied upon shall be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken. (d) An offer of proof for the record shall consist of a statement of the substance of the evidence to which objection has been sustained, or the submission of the evidence itself. (e) With the approval of the presiding officer, a witness may read testimony into the record on direct examination. Before any prepared testimony is read, unless excused by the presiding officer, the witness shall deliver copies thereof to the presiding officer and all counsel parties. Admissibility shall be subject to the rules governing oral testimony. If the presiding officer deems that substantial savings in time will result, a copy of the prepared testimony may be received in evidence without reading; provided that copies of the prepared testimony shall have been served upon all parties and the presiding officer five days before the hearing to permit proper cross examination of the witnesses on matters contained in the prepared testimony. (f) If relevant and material matter is offered in evidence in a document containing other matters, the party offering it shall designate specifically the matter so offered. If the other matter in the document would burden the record, at the discretion of the presiding officer, the relevant and material matter may be read into the record or copies of it received as an exhibit. Other parties shall be afforded opportunity at the time to examine the document, and to offer in evidence other portions believed material and relevant. (g) Exhibits shall be prepared as follows: (1) Documents, pleadings, correspondence, and other exhibits shall be legible and must be prepared on paper 8-1/2 by 11 inches in size. Charts and other oversize exhibits must be bound or folded to the respective 1-19
HAR §5-1-49: HAR §5-1-49. Evidence | Justis AI