(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the State of Hawaii for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
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Terms Used In Hawaii Revised Statutes 551G-6

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Hawaii Revised Statutes 551G-2
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 551G-2
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) In a guardianship or protective proceeding, a court of the State of Hawaii may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of the State of Hawaii shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of the State of Hawaii by technological means that do not produce an original writing may not be excluded from evidence on an objection based on Rule 1002 of the Hawaii Rules of Evidence.

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