Haw. Code R. § 5-1-49 - Evidence
(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 approximate size, where practical. Wherever practicable, sheets
of each exhibit shall be numbered and data and other figures shall be set forth
in tabular form.
(2) When exhibits
are offered in evidence, the original and copies in the number specified by the
presiding officer shall be furnished to the presiding officer for use, with
adequate copies for review by other parties, unless the copies have been
previously furnished or the presiding officer directs otherwise.
(h) If any matter contained in a
document on file as a public record with the department is offered in evidence,
unless directed otherwise by the presiding officer, the document need not be
produced as an exhibit, but may be received in evidence by reference; provided
that the particular portions of the document are specifically identified and
otherwise competent, relevant, and material. If testimony in proceedings other
than the one being heard is offered in evidence, a copy shall be presented as
an exhibit, unless otherwise ordered by the presiding officer.
(i) Official notice may be taken of such
matters as may be judicially noticed by the courts of the State of Hawaii.
Official notice may also be taken of generally recognized technical or
scientific facts when parties are given notice either before or during the
hearing of the material so noticed and afforded the opportunity to contest the
facts so noticed.
(j) At the
hearing, the presiding officer may require the production of further evidence
upon any issue. Upon agreement of the parties, the presiding officer may
authorize the filing of specific documentary evidence as a part of the record
within a fixed time.
Notes
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