Hawaii Revised Statutes, Chapter 621 — Evidence and Witnesses, Generally

Division 4. Courts and Judicial Proceedings — Title 33. Evidence

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 2/11/2026 1:13 PM).

Division 4 Courts and Judicial Proceedings

Title 33 Evidence

Chapter 621 Evidence and Witnesses, Generally

§621-1 Subpoena, issue of

The clerks of the several courts shall issue writs of subpoena as provided by the rules of court or by statute. Except as otherwise provided, the clerks shall issue to any prosecuting officer, and to any party plaintiff or defendant, in any cause, civil or criminal, pending before such courts, or to the counsel of the party, writs of subpoena for witnesses, in blank, so that the names of the witnesses to be summoned may be inserted after the issuing of the writs.

[L 1876, c 32, §1; am imp L 1905, c 39, §95; am imp L 1907, c 118, §116; RL 1925, §2556; am imp L 1932 1st, cc 1, 13, §1; RL 1935, §3810; RL 1945, §9821; RL 1955, §222-1; am L 1957, c 124, §1; am L 1963, c 85, §3; HRS §621-1; am L 1972, c 104, §1(a)]

§621-2 and 621-3 REPEALED

L 1972, c 104, §1(t).

§621-4 Compelling attendance

Upon nonattendance of witnesses duly summoned, the service of the writ being proved, the court shall have summary power to cause their attendance and to punish them for contempt.

[L 1876, c 32, §3; RL 1925, §2565; RL 1935, §3813; RL 1945, §9824; RL 1955, §222-4; HRS §621-4; am L 1972, c 104, §1(b)]

§621-5 Bystanders called without subpoena

On the trial of any issue, matter or question, or on an inquiry arising in any action or proceeding in any court or before any person having authority to hear, receive, and examine evidence, any person who happens to be present, and who by virtue of this chapter is competent to give evidence may be called and required to give evidence and to produce any document. If any such person when called and required as aforesaid, does not appear and give evidence and, if then able so to do, produce the document, the person shall be subject to the same proceedings and liabilities as if the person had been duly served with a writ of subpoena ad testificandum or duces tecum.

[L 1876, c 32, §12; RL 1925, §2566; RL 1935, §3814; RL 1945, §9825; RL 1955, §222-5; HRS §621-5; am L 1972, c 104, §1(c), (d); gen ch 1985]

§621-6 Repealed

[Repealed]

[L 1972, c 104, §1(t)]

§621-7 Fees; criminal cases

(a) Except as provided in subsection (c), every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $40 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for each mile actually and necessarily traveled on the ground each way, including travel to and from the nearest airport when required to travel from another island or from outside the State.

In addition to witness' fees, every witness who attends a state court from:

(1) Outside the State shall be entitled to the actual round-trip cost of plane travel, plus $250 per twenty-four-hour day; or

(2) Any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the witness is required to stay overnight, the witness shall be entitled to an additional $195 per twenty-four-hour day.

Any per diem payment made pursuant to this subsection shall cover all personal expenses, including board and lodging, and shall be computed on the basis of quarter-day periods of time.

(b) Any police officer or other public officer or employee (except the county attorney, prosecuting attorney, or deputy county attorney or deputy prosecuting attorney), who attends a state court as a witness from a district other than that in which the court is holding session, shall be allowed the police officer's, public officer's, or public employee's travel cost and mileage fees as provided in this section. A public officer or employee, if not salaried, shall receive witness fees.

(c) Every expert witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to reasonable applicable fees for the testimony, consultation, and preparation associated with the expert witness' testimony and attendance in court.

In addition, every expert witness who attends a state court from:

(1) Outside the State shall be entitled to the actual round-trip cost of plane travel, plus $250 per twenty-four-hour day; or

(2) Any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the expert witness is required to stay overnight, the expert witness shall be entitled to an additional $195 per twenty-four-hour day.

Any per diem payment made pursuant to this subsection shall cover all personal expenses, including board and lodging, and shall be computed on the basis of quarter-day periods of time.

(d) As used in this section, "expert witness" includes any witness subpoenaed on behalf of the State in a criminal case, or on behalf of a defendant at the expense of the State in a criminal case, who is subpoenaed for the witness' specialized knowledge, skill, experience, training, or education to assist a grand jury, trial jury, or judge to understand the evidence or determine a fact at issue in the case.

[L 1907, c 53, §1; am L 1909, c 145, §1; RL 1925, §2560; am L 1925, c 23, §1; am L 1932 1st, c 13, §1; RL 1935, §3816; RL 1945, §9827; am L 1945, c 38, §1; RL 1955, §222-7; am L 1963, c 57, §1; HRS §621-7; am L 1972, c 104, §1(e); am L 1980, c 305, §1; gen ch 1985; am L 1989, c 176, §1; am L 2014, c 195, §2; am L 2016, c 159, §2; am L 2022, c 98, §1; am L 2025, c 153, §3]

§621-8 Attendance roll; parking violations exemption

(a) The clerk of each circuit court shall keep an attendance roll, in which shall be entered the name of each witness subpoenaed for the prosecution in criminal cases in the circuit, the name of each witness subpoenaed for the defendant at the expense of the State under order of the court, where each witness was subpoenaed or summoned, the date of appearance, the date of discharge, the number of days' attendance with the dates thereof, the place of residence of the witness and the number of miles necessarily traveled by the witness to the place of holding court. For all other witnesses in civil and criminal cases, including cases in family court, the clerk of each court shall keep an attendance roll in which shall be entered the name of each witness subpoenaed or summoned, each date the witness appeared, and the date of discharge.

(b) All witnesses summoned or subpoenaed to appear in any circuit court, family court, or district court case, as well as all court interpreters who appear at the request of the circuit court, family court, or district court, shall be exempt from any prosecution, penalty, or fine resulting from a parking violation for an expired meter committed in connection with the witness or court interpreter appearing in court; provided that the witness or court interpreter shall present any parking citation received during this time to the clerk of the court and the clerk shall verify that the witness or court interpreter was present at the time the citation was received. The supreme court shall adopt rules necessary to effect this section.

[L 1907, c 53, §2; RL 1925, §2561; RL 1935, §3817; RL 1945, §9828; am imp L 1945, c 35, §1; RL 1955, §222-8; HRS §621-8; am L 1972, c 104, §1(f); am L 1988, c 281, §2; am L 1993, c 114, §1; am L 2011, c 42, §1]

§621-9 Witness and defendant expenses; budgetary procedure

(a) Except as provided for in section 802-7, whenever a witness subpoenaed on behalf of the State in a criminal case or on behalf of a defendant at the expense of the State in a criminal case is discharged, the clerk of the court shall issue to the witness, under seal of the court, a numbered certificate from a book having a stub with like designations, stating the name of the witness, when and where the witness was summoned or subpoenaed, the date of the witness' discharge, the number of miles necessarily traveled from the witness' place of residence to the place of holding court, the number of days' service, and the amount due for transportation and for service. The certificate, when correct, must be so certified by the public prosecutor or county attorney for witnesses subpoenaed on behalf of the State, and by the public defender for witnesses subpoenaed on behalf of a defendant, but no certificate shall be so certified unless presented to the public prosecutor, county attorney, or public defender within twelve months after the date of issue. Duly certified witness certificates shall be paid upon vouchers approved by the state director of finance and warrants drawn by the state comptroller.

(b) Whenever the presence of a defendant in a criminal case or in a proceeding under chapter 704 or a petitioner in a post conviction proceeding who is outside the judicial circuit is mandated by court order or bench warrant to appear, the cost of airfare, ground transportation, any per diem for both the defendant or petitioner and sufficient law enforcement officers to effect the defendant's or petitioner's return, shall be borne by the State. All such expenses shall be certified by the court or public prosecutor or the attorney general. Duly certified claims for payment shall be paid upon vouchers approved by the state director of finance and warrants drawn by the state comptroller. The court may order the nonindigent defendant or petitioner who was returned to the State of Hawaii to reimburse the State for the costs of such extradition or return as specifically described above.

(c) Each public prosecutor or county attorney and the public defender shall submit to the state department of budget and finance for inclusion in the department's budget request for each fiscal biennium the amount required for each fiscal year for expenses for witnesses subpoenaed by the public prosecutor, county attorney, or public defender and for defendants and postconviction petitioners summoned on behalf of, or required by, the public prosecutor, county attorney, or public defender.

[L 1907, c 53, §3; RL 1925, §2562; am L 1932 1st, c 13, §1; RL 1935, §3818; RL 1945, §9829; am imp L 1945, c 35, §1; RL 1955, §222-9; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §621-9; am L 1976, c 131, §4; am L Sp 1977 1st, c 7, §2; am L 1980, c 306, §1; am L 1987, c 85, §1; am L 1988, c 280, §1; am L 2017, c 12, §66]

§621-10 Reporting daily

Every witness in a criminal case subpoenaed for the State or for a defendant by order of the court at the expense of the State shall, unless temporarily excused, report in person daily to the clerk of the circuit court from the time of the witness' appearance to the date of the witness' discharge and no per diem shall be allowed for any pay upon which attendance is not reported.

[L 1907, c 53, §4; RL 1925, §2563; RL 1935, §3819; RL 1945, §9830; am imp L 1945, c 35, §1; RL 1955, §222-10; HRS §621-10; gen ch 1985]

§621-10.5 Unlawful suspension or discharge from employment; penalty; right of action

(a) An employer shall not deprive an employee of the employee's employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a witness or attends court as a prospective witness.

(b) Any employer who violates subsection (a) is guilty of a petty misdemeanor.

(c) If an employer discharges or suspends an employee in violation of subsection (a) the employee within ninety days from the date of discharge or suspension may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court.

[L 1978, c 13, §1; gen ch 1985]

§621-11 Repealed

[Repealed]

[L 1976, c 131, §1]

§621-12 Oath; affirmation

Every court and person having authority to hear, receive, and examine evidence may administer the following oath-affirmation to all witnesses legally called before them: Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?

[L 1876, c 32, §48; RL 1925, §2614; RL 1935, §3821; RL 1945, §9832; RL 1955, §222-12; HRS §621-12; am L 1972, c 104, §1(g); am L 1973, c 155, §1]

§621-13 Oaths, validity of

If an oath has been administered by a judge of a court of record, or by a clerk, notary public, or other person having authority to administer oaths by the law of the place where the oath was administered, it shall not be an objection to the validity of the oath that the judge or other person has not jurisdiction or cognizance of the matter or thing concerning which the oath was administered.

[L 1876, c 32, §65; RL 1925, §2631; RL 1935, §3822; RL 1945, §9833; RL 1955, §222-13; HRS §621-13; am L 1972, c 104, §1(h)]

§621-14 to 621-25 REPEALED

L 1980, c 164, §§2 to 4.

§621-26 Confessions, when admissible

No confession shall be received in evidence unless it is first made to appear to the judge before whom the case is being tried that the confession was in fact voluntarily made.

[L 1876, c 32, §64; RL 1925, §2630; am L 1927, c 204, §1; am L 1929, c 62, §1; RL 1935, §3834; RL 1945, §9846; RL 1955, §222-26; HRS §621-26; am L 1972, c 104, §1(s)]

§621-27 Repealed

[Repealed]

[L 1972, c 104, §1(t)]

§621-28 Accompaniment of children at judicial proceedings

A child less than fourteen years of age, involved in a judicial proceeding, including a grand jury proceeding, shall have the right to be accompanied by a parent, a victim-witness counselor, or other adult designated by the court. The accompanying person may be placed side by side with the child at the discretion of the presiding judge or court officer; provided that this position does not interfere with the proceedings of the court. The accompanying person shall not communicate in any manner with the child unless directed by the presiding judge or court officer.

[L 1985, c 185, §1]

§621-30 Use of a facility dog

(a) For purposes of this section:

"Facility dog" means a dog that is a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement. A "facility dog" shall be specially trained to provide emotional support to witnesses testifying in judicial proceedings without causing a distraction during the proceedings.

"Vulnerable witness" means a witness whose ability to testify in a judicial proceeding will be hampered or ineffective without the assistance of a facility dog, for reasons including but not limited to intellectual or emotional disability, intimidation, or age.

(b) A court may permit the use of a facility dog in a judicial proceeding involving the testimony of a vulnerable witness if the court determines that there is a compelling necessity for the use of a facility dog to facilitate the testimony of the vulnerable witness.

(c) Before the use of a facility dog in a judicial proceeding, the moving party shall file a motion certifying to the court:

(1) The credentials of the facility dog;

(2) That the facility dog is adequately insured; and

(3) That a relationship has been established between the witness and the facility dog.

(d) To the extent necessary, the court may impose restrictions, or instructions to the jury, regarding the presence of the facility dog during the proceedings.

[L 2016, c 178, §1]

§621-31 Limitation on compellable testimony from journalists and newscasters; exceptions

(a) A journalist or newscaster presently or previously employed by or otherwise professionally associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network, or digital news website shall not be required by a legislative, executive, or judicial officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:

(1) The source, or information that could reasonably be expected to lead to the discovery of the identity of the source, of any published or unpublished information obtained by the person while so employed or professionally associated in the course of gathering, receiving, or processing information for communication to the public; or

(2) Any unpublished information obtained or prepared by the person while so employed or professionally associated in the course of gathering, receiving, or processing information for communication to the public.

(b) The limitation on compellable testimony established by this section may also be claimed by and afforded to any individual who can demonstrate by clear and convincing evidence that:

(1) The individual has regularly and materially participated in the reporting or publishing of news or information of substantial public interest for the purpose of dissemination to the general public by means of tangible or electronic media;

(2) The position of the individual is materially similar or identical to that of a journalist or newscaster, taking into account the method of dissemination;

(3) The interest of the individual in protecting the sources and unpublished information under subsection (a) is materially similar to the interest of the individuals referenced under subsection (a); and

(4) The public interest is served by affording the protections of this section in a specific circumstance under consideration.

(c) This section shall not apply if:

(1) Probable cause exists to believe that the person claiming the privilege has committed, is committing, or is about to commit a crime;

(2) The person claiming the privilege has observed the alleged commission of a crime; provided that the privilege granted by this section may be asserted if:

(A) The interest in maintaining the privilege granted by this section outweighs the public interest in disclosure; and

(B) The commission of the crime is the act of communicating or providing the information or documents at issue;

(3) There is substantial evidence that the source or information sought to be disclosed is material to the investigation, prosecution, or defense of a felony, or to a civil action for defamation, and the source or information sought is:

(A) Unavailable, despite exhaustion of reasonable alternative sources;

(B) Noncumulative; and

(C) Necessary and relevant to the charge, claim, or defense asserted;

(4) The information sought to be disclosed is critical to prevent serious harm to life or public safety; or

(5) The source consents to the disclosure of unpublished documents or other tangible materials provided by the source.

(d) No fine or imprisonment shall be imposed against a person claiming the privilege pursuant to this section for refusal to disclose information privileged pursuant to this section.

(e) The privilege described in this section may be claimed by journalists and newscasters as described in subsection (a) and individuals as described in subsection (b). The privilege shall not be claimed by persons who were the source of information.

[L 2023, c 126, §2]