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Rule 28 – Persons before Whom Depositions May be Taken

May 11, 2021 | Family Law, Hawaii

(a) Within the United States. Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of this State or of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. The term “officer” as used in Rules 30, 31, and 32 of these rules includes a person appointed by the court or designated by the parties under Rule 29 of these rules.
(b) In foreign countries. Depositions may be taken in a foreign country

(1) pursuant to any applicable treaty or convention, or
(2) pursuant to a letter of request (whether or not captioned a letter rogatory), or
(3) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or
(4) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony.

A commission or a letter of request shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter of request that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter of request may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter of request may be addressed “To the Appropriate Authority in [here name the country].” When a letter of request or any other device is used pursuant to any applicable treaty or convention, it shall be captioned in the form prescribed by that treaty or convention. Evidence obtained in response to a letter of request need not be excluded merely because it is not verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States under these rules.

(c) Disqualification for interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

Haw. Fam. Ct. R. 28

Amended October 11, 1999, effective January 1, 2000; further amended March 29, 2006, effective July 1, 2006; further amended November 20, 2014, effective January 1, 2015.