HRS §624-24
When an arbitrator can order a witness's deposition
This section lets an arbitrator or similar official, not a court, order a witness's deposition to be taken in Hawaii, or outside with a court's permission, for use in a pending civil case. This is allowed when the witness probably cannot or cannot be forced to appear at the hearing. The deposition follows the same rules as court depositions.
courts
The statute, as written — Arbitrators, etc
[(a)] An arbitrator or other person, other than a court, having authority to hear, receive and examine evidence, may order that the deposition of a witness be taken within the State, or by leave of a circuit court outside the State, for use as evidence in a pending civil matter, when the circumstances are such that it is probable that the witness will not be able to, or will not be compellable to, attend and give evidence before such person at the hearing. Except as otherwise provided, the deposition shall be taken and may be used in the same manner as is provided by the rules of court relating to depositions in civil actions in circuit courts. [(b)] Nothing herein contained limits or affects any other power heretofore or hereafter conferred with respect to the taking of depositions.
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