§626-1-102.1

HRE Rule 102.1 — Effect of commentary

Procedure & records · Chapter 626 — Hawaii Rules of Evidence · Hawaiʻi Rules of Evidence

The commentary to these rules when published may be used as an aid in understanding the rules, but not as evidence of legislative intent. [L 1980, c 164, pt of §1]

Source / Amendment history

[L 1980, c 164, pt of §1]

Cross references, commentary & case notes

RULE 102.1 COMMENTARY This rule has no Fed. R. Evid. counterpart. It closely resembles Hawaii Rev. Stat. §701-105 (1976), which limits the effect of the penal code commentary because, as the commentary to that section points out, "of the strong judicial deference given legislative committee reports and other evidence of legislative intent authored by the Legislature or its staff." See State v. Aiu, 59 H. 92, 98, 576 P.2d 1044, 1049 (1978); State v. Anderson, 58 H. 479, 483, 572 P.2d 159, 162 (1977); State v. Alo, 57 H. 418, 426-27, 558 P.2d 1012, 1017 (1976); State v. Nobriga, 56 H. 75, 77, 527 P.2d 1269, 1273 (1974).

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