Hawaiʻi Rules of Evidence – 2026

Hawaiʻi's evidence rules are STATUTE, not court rules: the Legislature enacted them in 1980 as chapter 626 of the Hawaiʻi Revised Statutes and has amended them by session law ever since, most recently the victim-counselor privilege in 2023. They are cited as rules regardless — "HRE Rule 403" — and are numbered on the Federal Rules of Evidence, though the sequence opens with a rule the FRE has no counterpart to, Rule 100 on title and citation. Rule 102's own commentary states the limit of the borrowing: except for Articles III and V, these rules take the Federal Rules as their model. Those two articles are where Hawaiʻi genuinely diverges. Article III codifies presumptions in detail the FRE never attempts, separating presumptions that shift the burden of PRODUCING EVIDENCE from those that shift the burden of PROOF and listing sixteen specific presumptions by name. Article V rejects the federal approach outright: where FRE 501 leaves privilege to the common law, HRE 501 recognizes privileges "only as provided" and then enumerates them — lawyer-client, physician-patient, psychologist-client, spousal, victim-counselor, clergy, political vote, trade secrets, informer identity. Two further provisions have no federal analogue: Rule 409.5 makes expressions of sympathy or condolence inadmissible to prove liability, and Rule 1102 forbids the judge to comment on the evidence and requires instructing the jury that it is the exclusive judge of the facts. Each rule carries official commentary published with it, which Rule 102.1 makes usable "as an aid in understanding the rules, but not as evidence of legislative intent."

Last updated September 08, 2026

Browse all 89 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Article I. General Provisions

Rule 100 Title and citation Rule 101 Scope Rule 102 Purpose and construction Rule 102.1 Effect of commentary Rule 103 Rulings on evidence Rule 104 Preliminary questions Rule 105 Limited admissibility Rule 106 Remainder of or related writings or recorded statements

Article II. Judicial Notice

Rule 201 Judicial notice of adjudicative facts Rule 202 Judicial notice of law

Article III. Presumptions

Rule 301 Definitions Rule 302 Presumptions in civil proceedings Rule 303 Presumptions imposing burden of producing evidence Rule 304 Presumptions imposing burden of proof Rule 305 Prima facie evidence Rule 306 Presumptions in criminal proceedings

Article IV. Relevancy and Its Limits

Rule 401 Definition of "relevant evidence" Rule 402 Relevant evidence generally admissible; irrelevant evidence inadmissible Rule 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time Rule 404 Character evidence not admissible to prove conduct; exceptions; other crimes Rule 405 Methods of proving character Rule 406 Habit; routine practice Rule 407 Subsequent remedial measures Rule 408 Compromise, offers to compromise, and mediation proceedings Rule 409 Payment of medical and similar expenses Rule 409.5 Admissibility of expressions of sympathy and condolence Rule 410 Inadmissibility of pleas, plea discussions, and related statements Rule 411 Liability insurance Rule 412 Sexual offense and sexual harassment cases; relevance of victim's past behavior

Article V. Privileges

Rule 501 Privileges recognized only as provided Rule 502 Required reports privileged by statute Rule 503 Lawyer-client privilege Rule 504 Physician-patient privilege Rule 504.1 Psychologist-client privilege Rule 505 Spousal privilege Rule 505.5 Victim-counselor privilege Rule 506 Communications to clergy Rule 507 Political vote Rule 508 Trade secrets Rule 509 Privilege against self-incrimination Rule 510 Identity of informer Rule 511 Waiver of privilege by voluntary disclosure Rule 512 Privileged matter disclosed under compulsion or without opportunity to claim privilege Rule 513 Comment upon or inference from claim of privilege; instructions

Article VI. Witnesses

Rule 601 General rule of competency Rule 602 Lack of personal knowledge Rule 603 Oath or affirmation Rule 603.1 Disqualifications Rule 604 Interpreters Rule 605 Competency of judge as witness Rule 606 Competency of juror as witness Rule 607 Who may impeach Rule 608 Evidence of character and conduct of witness Rule 609 Impeachment by evidence of conviction of crime Rule 609.1 Evidence of bias, interest, or motive Rule 610 Religious beliefs or opinions Rule 611 Mode and order of interrogation and presentation Rule 612 Writing used to refresh memory Rule 613 Prior statements of witnesses Rule 614 Calling and interrogation of witness by court Rule 615 Exclusion of witnesses Rule 616 Televised testimony of child

Article VII. Opinions and Expert Testimony

Rule 701 Opinion testimony by lay witnesses Rule 702 Testimony by experts Rule 702.1 Cross-examination of experts Rule 703 Bases of opinion testimony by experts Rule 704 Opinion on ultimate issue Rule 705 Disclosure of facts or data underlying expert opinion Rule 706 Court-appointed experts

Article VIII. Hearsay

Rule 801 Definitions Rule 802 Hearsay rule Rule 802.1 Hearsay exception; prior statements by witnesses Rule 803 Hearsay exceptions; availability of declarant immaterial Rule 804 Hearsay exceptions; declarant unavailable Rule 805 Hearsay within hearsay Rule 806 Attacking and supporting credibility of declarant

Article IX. Authentication and Identification

Rule 901 Requirement of authentication or identification Rule 902 Self-authentication Rule 903 Subscribing witness' testimony unnecessary

Article X. Contents of Writings, Recordings, and Photographs

Rule 1001 Definitions Rule 1002 Requirement of original Rule 1003 Admissibility of duplicates Rule 1004 Admissibility of other evidence of contents Rule 1005 Public records Rule 1006 Summaries Rule 1007 Testimony or written admission of party Rule 1008 Functions of court and jury

Article XI. Miscellaneous Rules

Rule 1101 Applicability of rules Rule 1102 Jury instructions; comment on evidence prohibited