(a) Request for transcript. In those cases where trials and hearings are closed by statute, a request for a transcript by someone other than the party or attorney of record shall be made in writing and shall include the reason for the request. Such requests require approval of the court. Upon the request of any person for a transcript of testimony or other court proceeding, the official reporter shall furnish such transcript in the regular order of cases tried or in such order as the court administrator directs. The official reporter shall not furnish a transcript of a confidential proceeding without the court’s written approval, unless otherwise authorized by law. No such transcript shall be provided unless and until transcript fees are prepaid or a deposit is requested and is made. The provisions of the Hawai’i Rules of Appellate Procedure relating to transcripts shall govern requests for transcripts for purposes of appeal. Each request for the transcript of a confidential proceeding shall be in writing and contain a reason for the request. If a request is accompanied by a deposit with the clerk, the deposit shall be further accompanied by directions to the clerk of the court to use it to pay for the reporter’s fees when the transcript is complete. A reporter need not commence preparation of the transcript until the required prepayment or deposit has been made. (b) Request for an audio or video recording. Upon the request of any person for an audio or video recording of the evidence or other court proceeding, the court clerk or other designated official court personnel shall furnish such audio or video recording in the regular order of cases tried or in such order as the court administrator directs. The court clerk or other designated official court personnel shall not furnish an audio or video recording of a confidential proceeding without the court’s written approval, unless otherwise authorized by law. No such audio or video recording shall be provided until appropriate fees are prepaid or a deposit is made. The provisions of the Hawai’i Rules of Appellate Procedure relating to transcripts shall govern requests for audio or video recordings for purposes of appeal. Each request for the audio or video recording of a confidential proceeding shall be in writing and contain a reason for the request. If a request is accompanied by a deposit with the clerk, the deposit shall be further accompanied by direction to the clerk of the court to use it to pay for the appropriate fees when the audio or video recording is complete. The court clerk or other designated official court personnel need not commence preparation of the audio or video recording until the required prepayment or deposit has been made. (c) Stenographic report or transcript as evidence. Whenever the testimony of a witness at a trial or hearing which was stenographically reported or electronically recorded is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony if reported stenographically, or by such person as provided by law or by rule if reported electronically.
Haw. Fam. Ct. R. 80
Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.
