Rule 27 - Depositions before Action or Pending Appeal(a) Before action. (4) Use of deposition to perpetuate testimony taken in any other court. If a deposition to perpetuate testimony is taken and it would be admissible in evidence in the court of the United States or of the state, territory or insular possession of the United States in which it is taken, it may be used in any action involving the same subject matter subsequently brought, in accordance with the provisions of Rule 32(a). (b) Pending appeal. If an appeal has been taken from a judgment of a district court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the court. In such case the party who desires to perpetuate the testimony may make a motion in the court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the court. The motion shall show (1) the names and addresses of the persons to be examined and the substance of the testimony which that party expects to elicit from each, and (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Rules 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the court. Haw. Dis. Ct. R. Civ. P. 27
Amended effective 12/6/1996.COMMENTS:
Not changed. HRCP Rule 27 was not adopted here because this committee felt that a party wishing to perpetuate testimony should do so in the Circuit Court under HRCP Rule 27 which has a wider jurisdictional reach than the District Court.
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