Rule 44.1 – Determination of Foreign Law

by | May 11, 2021 | Civil Procedure, Hawaii

A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not...

Rule 44 – Proof of Official Record

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Authentication.(1) Domestic. An official record kept within the United States, or any state, district, commonwealth, or within a territory subject to the administrative or judicial jurisdiction of the United States, or an entry therein, when admissible for any...

Rule 43 – Taking of Testimony

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by the Hawaii Rules of Evidence, statute, or other rules adopted by the Hawaii Supreme Court.(b) Presentation of expert testimony. The court may schedule...

Rule 42 – Consolidation; Separate Trials

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders...

Rule 41 – Dismissal of Actions

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Voluntary dismissal: Effect thereof.(1) BY PLAINTIFF; BY STIPULATION. An action may be dismissed by the plaintiff without order of court (A) by filing a notice of dismissal at any time before the return date as provided in Rule 12(a) or service by the adverse...