Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 44 - STATE FIRE COUNCIL RULES OF PRACTICE AND PROCEDURES
Subchapter 5 - APPEALS FROM DECISIONS OF THE STATE FIRE COUNCIL
Section 12-44-51 - Use of depositions
Universal Citation: HI Admin Rules 12-44-51
Current through August, 2024
(a) A deposition ordered and taken in accordance with section 12-44-49 may be used in a proceeding if the presiding officer finds that the evidence is otherwise admissible and;
(1) The witness is
dead;
(2) The witness is out of the
State, unless it appears that the absence of the witness is procured by the
party offering the deposition;
(3)
The witness is unable to attend or testify because of age, sickness, infirmity,
or imprisonment;
(4) The party
offering the deposition has endeavored and has been unable to procure the
attendance of the witness by subpoena; or
(5) Upon application and notice, that those
exceptional circumstances exist as to make it desirable to allow the deposition
to be made in the interest of justice and with due regard to the importance of
presenting the testimony orally before the council or hearing
officer.
(b) If any part of the deposition is put in evidence by a party, any other party may require the production of the remainder or any other portions of the deposition.
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