Rule 19 - Deposition Transcripts, How Filed And Disposed OfAll deposition transcripts submitted electronically will be subj ect to the Hawai'i Rules of Civil Procedure and Hawai'i Electronic Filing and Service Rules. All parties required or qualified to file documents electronically, who wish to have deposition testimony entered into the record when the transcript is actually used as testimony (other than as an exhibit in another document) shall electronically file with the land court such deposition transcript or portions of the transcript. All conventionally submitted deposition transcripts may be electronically scanned and filed to the case docket by the registrar when appropriately received. The registrar may require any deposition transcript conventionally submitted to be submitted in electronic form. The deposition transcript shall afterwards be in the registrar's custody, subject to the order of the court and the Hawai'i Court Records Rules, as other documents in the case.
(a) A deposition transcript will generally not be filed with the court, except if any portion of the transcript is used as testimony during an evidentiary hearing. The deposition transcript cannot be filed before the evidentiary hearing. The entire testimony from a deposition transcript shall be electronically filed with the court by the attorney using deposition testimony no later than 48 hours after its actual use; provided that a party who is a natural person party and is not required or qualified to file documents electronically may conventionally submit to the registrar such deposition testimony within the same time period.(b) If the deposition testimony is not read into the record at the evidentiary hearing by the party taking it, it may be used by any other party, if the other party see fit, to the same extent that it could be used by the other party if the other party had taken it and paid the cost of taking the same. If the non-noticing party uses the deposition transcript, the deposition transcript shall be electronically filed with the court in accordance with section (a), above.Amended November 6, 2019, effective 11/17/2019.