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§626-1-903

HRE Rule 903 — Subscribing witness' testimony unnecessary

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

The testimony of a subscribing witness is not necessary to authenticate a writing. [L 1980, c 164, pt of §1]

Source / Amendment history

[L 1980, c 164, pt of §1]

Cross references, commentary & case notes

RULE 903 COMMENTARY This rule is similar to Fed. R. Evid. 903, except that the present rule eliminates the clause, "unless required by the laws of the jurisdiction whose laws govern the validity of the writing." It supersedes a statute, Hawaii Rev. Stat. §622-1 (1976) (repealed 1980) (originally enacted as L 1876, c 32, §62; am L 1972, c 104, §2(a)), which provided: "It shall not be necessary to prove an instrument by the attesting witness if attestation was not required in order for the instrument to be valid...."