(a) Form. In all trials, the testimony of witnesses shall be taken orally in open court, unless otherwise allowed by law or court order. (b) Presentation of expert testimony. The court may schedule the presentation of all expert testimony during the same phase of the trial. (c) Record of the excluded evidence. If an objection to a question propounded to a witness is sustained by court, the examining attorney may make a specific offer of what the attorney expects to prove by the answer of the witness, unless it clearly appears that the evidence is not admissible on any grounds or that the witness is privileged. (d) Affirmation in lieu of oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof. (e) Evidence on motions. When a motion is based on facts not appearing of record, the court may hear the matter on affidavits or declarations presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or deposition. (f) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter’s reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court.
Haw. Fam. Ct. R. 43
Added October 11, 1999, effective January 1, 2000; amended March 24, 2000, effective July 1, 2000; further amended November 20, 2014, effective January 1, 2015.
