HAR §10-5-36. Deposition

(a) Upon the application of a party to a proceeding, and for good and exceptional cause shown, the commission or hearing officer may, at any time after the filing of the complaint or order to show cause, order the taking of testimony by oral deposition or by deposition upon written interrogatories. (b) Any party desiring to take the deposition of a witness shall make application in writing to the commission or hearing officer setting out the reasons why such deposition should be taken, the character of the deposition, the time when; the place where; and the name and post office address of the person before whom such deposition should be taken, the name and post office address of each witness, and the subject matter concerning which the witness is expected to testify. If good and exceptional cause is shown, an order containing such instructions will be made and served upon the parties. §10-5-36 5-18 (c) Upon application granted, such deposition may be taken before a person having power to administer oaths other than the person designated in the notice, provided reasonable written notice of such change is given to all parties. Each witness so testifying shall be duly sworn and the adverse party shall have the right to cross-examine such witness and the answers thereto shall be reduced to writing, and in the presence of the officer taking the deposition read to the witness and subscribed by the witness and certified in the usual form by said officer. Thereafter the officer shall forward said deposition with two copies thereof, in an envelope under seal, endorsed with the title of the case and addressed to the office of the commission. (d) A deposition ordered and taken in accord with the provisions of this section may be used in a proceeding if the commission or the hearing officer designated to preside at the hearing finds that the evidence is otherwise admissible and that: (1) The witness is dead; or (2) The witness is outside the State of Hawaii, unless it appears that the absence of the witness is procured by the party, offering the deposition; or (3) The witness is unable to attend or testify because of age, sickness, infirmity or imprisonment; or (4) The party offering the deposition has endeavored and has been unable to procure the attendance of the witness by subpoena; or (5) In any event, upon application and notice that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony orally before the commission or hearing officer, to allow the deposition to be used. (e) If any part of the deposition is put in evidence by the offering party, any other party may require the production of the remainder of any other portions of the deposition. [Eff 7/30/81; comp §10-5-39 5-19 10/26/98] (Auth: HRS §91-2) (Imp: HRS §91-2)