HAR §6-23-42
HAR §6-23-42. Deposition; application for
Cite as Haw. Code R. § 6-23-42
(a)
Upon
the written application of a party to a proceeding
governed by this subchapter and for good cause shown,
the hearing officer may, at any time after the filing
23-32
of the petition, order the taking of testimony of a
witness by oral examination.
(b) The application shall be made to the hearing
officer and shall state the reasons why the deposition
should be taken, the time and place for taking the
deposition, the name and mailing address of the
witness, and the subject matter concerning which the
witness is expected to testify. If good cause is
shown, an order for the taking of the deposition
containing the appropriate instructions shall be made
and served upon the parties.
[Eff and comp
11/26/2009; am and comp
APR 1· 1 2022 ]
(Auth:
HRS
§§88-28, 91-2)
(Imp: HRS §§91-2~ 91-9, 92-16)
§6-23-43
Depositions; person before whom taken,
Oath, examination, and cross-examination, record of
Examination, filing of deposition. (a) The deposition
shall be taken before an officer authorized to
administer oaths.
{b)
The officer before whom the testimony is to
be taken shall put the witness to oath. The adverse
party shall have the right to cross-examine the
witness. The questions propounded to the witness and
the answers thereto shall be taken stenographically
and transcribed.
(cJ
All objections made at the time of the
examination shall be noted by the officer upon the
deposition. Evidence objected to shall be taken
subject to the objection. The officer taking the
deposition shall certify on the deposition that the
witness was duly sworn and that the deposition is a
true record of the testimony given by the witness and
shall forward the deposition with two copies thereof
in a sealed envelope, endorsed with the title of the
proceeding, to the board at the system's office.
[Eff
and comp 11/26/2009; comp
APR 11 2022 ] (Auth: HRS
§§88-28, 91-2) (Imp: HRS §§91-2, 91-9)
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