HAR §7-1-2. Rules of procedure and evidence

(a) The procedures in courts-martial cases, including modes of proof and rules of evidence, to the extent applicable and not governed by chapter 124A, HRS, and this subtitle, shall be the same as those in: (1) The Hawaii rules of penal procedure (for procedure); (2) The Hawaii rules of evidence, chapter 626, HRS (for evidence); and (3) The Hawaii rules of penal procedure and the rules of the supreme court of the State of Hawaii (for judicial appellate procedure). (b) In addition to this subtitle, the Manual for Courts-Martial, United States, as it existed on 1 July 1984, may be used as a procedural guide in military justice actions by the state military forces. If any part of the Manual for Courts-Martial, United States, is in conflict with state law or this subtitle, the state law or this subtitle shall govern. If any part of the Manual for Courts-Martial, United States, has been declared invalid by a court of military review, the United States Court of Military Appeals, or any other federal court, the court decision, if final, may be followed as a procedural guide unless the interpretation conflicts with the state law or this subtitle, in which case the state law and this subtitle shall govern. [Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §124A-61) BACK TO TOP