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
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