HRS §672B-11
When lawsuits can start and what evidence is banned
A person with a design claim can only sue after the panel rejects the claim or the waiting period ends. Statements and decisions made during the panel hearing cannot be used as evidence in a later trial, except in certain cases.
courts
The statute, as written — Subsequent litigation; excluded evidence
[(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under section 672B‑15 has expired. [(b)] No statement made in the course of the hearing of the design claim conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 672B-16. No decision, conclusion, finding, or recommendation of the design claim conciliation panel on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the design claim conciliation panel hearing, or the counsel or other representative of the party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 672B-16.
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