The Process of Obtaining Evidence Through Subpoenas in Hawaii

Obtaining evidence through subpoenas is an essential aspect of the legal documentation process in Hawaii’s courts. When gathering evidence for a case, it is crucial to understand the steps and guidelines involved in obtaining evidence through subpoenas in the Aloha State.

The process begins with the issuing of a subpoena by the clerk of the circuit court under the seal of the court. This legal document specifies the court name, action title, and commands the person to attend and give testimony at a designated time and place. In addition to testimony, a subpoena can also require the production of books, papers, documents, or other objects relevant to the case.

It is worth noting that a subpoena can be quashed or modified by the court if it is deemed unreasonable or oppressive. The court has the authority to consider objections to the scope or nature of the subpoena, ensuring that it aligns with the legal framework in place.

When it comes to serving a subpoena, it can be done by a sheriff, deputy sheriff, or any person who is at least 18 years old. Fees and mileage do not need to be tendered when the subpoena is issued on behalf of the State or a county.

If a person objects to the inspection or copying of designated materials, the party serving the subpoena may need to obtain an order from the court. This ensures that the rights and privacy of individuals are protected.

Persons subject to a subpoena may be required to attend an examination in their county of residence or employment, or at another convenient place as determined by the court. This allows for fair and accessible proceedings.

It is important to note that failure to obey a subpoena can be considered contempt of court, which carries its own set of consequences.

Key Takeaways:

The process of obtaining evidence through subpoenas in Hawaii involves various steps and guidelines.
A subpoena is a legal document issued by the clerk of the circuit court.
It commands a person to attend and give testimony or produce relevant documents.
Subpoenas can be quashed or modified if they are deemed unreasonable or oppressive.
Subpoenas can be served by a sheriff, deputy sheriff, or any person over 18 years old.

Guidelines for Obtaining Evidence in Hawaii

When gathering evidence in Hawaii, it is important to follow the guidelines and procedures set forth to ensure the validity and admissibility of the evidence obtained. The process of obtaining evidence through subpoenas plays a crucial role in legal proceedings in the Aloha State.

A subpoena is a legal document issued by the clerk of the circuit court under the seal of the court. It commands a person to attend and give testimony at a specified time and place. Additionally, a subpoena can require the production of books, papers, documents, or other objects relevant to the case.

The court has the authority to quash or modify a subpoena if it is deemed unreasonable or oppressive. It is important to note that a subpoena can be served by a sheriff, deputy sheriff, or any person who is at least 18 years old. However, when the subpoena is issued on behalf of the State or a county, fees and mileage need not be tendered.

If a person objects to the inspection or copying of designated materials, the party serving the subpoena may need to obtain an order from the court. Additionally, persons subject to a subpoena may be required to attend an examination in their county of residence or employment, or at another convenient place determined by the court.

It is crucial to comply with a subpoena as failure to obey can be considered contempt of court. Therefore, it is essential to understand and adhere to the guidelines when obtaining evidence in Hawaii, ensuring the evidence collected is valid and admissible in a court of law.

FAQ

Q: What is a subpoena?

A: A subpoena is a legal document issued by the clerk of the circuit court in Hawaii under the seal of the court. It commands a person to attend and give testimony or produce documents at a specified time and place.

Q: What can a subpoena require?

A: A subpoena can require the production of books, papers, documents, or other objects, in addition to commanding testimony.

Q: Can a subpoena be quashed or modified?

A: Yes, the court can quash or modify a subpoena if it is deemed unreasonable or oppressive.

Q: Who can serve a subpoena?

A: A subpoena can be served by a sheriff, deputy sheriff, or any person not less than 18 years old.

Q: Do fees and mileage need to be tendered for a subpoena issued on behalf of the State or a county?

A: No, fees and mileage need not be tendered when the subpoena is issued on behalf of the State or a county.

Q: What happens if a person objects to the inspection or copying of designated materials?

A: The party serving the subpoena may need to obtain an order from the court if a person objects to the inspection or copying of designated materials.

Q: Where can a person be required to attend an examination?

A: Persons subject to a subpoena may be required to attend an examination in their county of residence or employment, or at another convenient place as determined by the court.