Rule 94.3 – Pre-trial Conference, Pre-trial Disclosure and Marking Exhibits

May 11, 2021 | Family Law, Hawaii

(a) Disclosures and exhibits. When a pre-trial conference is held, except as and to the extent otherwise ordered by the court:

(1) Each party shall disclose the theory of his or her case, including the basic facts that he or she intends to prove and the names and addresses of all witnesses that he or she intends to call.
(2) Each party shall submit to the other party by the exchange date listed in the pre-trial order an Exhibit List and all exhibits which are in his or her possession or under his or her control which he or she intends to offer in evidence at the trial.
(3) Unless so disclosed and exchanged, no exhibits required to be disclosed and exchanged by paragraph (2) shall be received in evidence at the trial over objection unless the court finds that there was reasonable ground for failing to disclose and exchange such exhibits prior to trial.
(4) All exhibits required to be disclosed by paragraph (2), and any other exhibits as may be requested by counsel presenting the same, shall be marked for identification and submitted to the court no later than at calendar call unless another deadline is listed in any pre-trial order. (5) Each party shall provide any other documents or disclose any other information that the court deems necessary for trial. Any such documents or information shall be provided in accordance with the terms ordered by the court.
(b) Effect of Pre-Trial Order. The pre-trial order shall supersede the pleadings where there is any conflict; and shall supplement the pleadings in all other respects.

Haw. Fam. Ct. R. 94.3

Added November 20, 2014, effective January 1, 2015.