(a) Legal material in an electronic record that is authenticated under § 98-5 is presumed to be an accurate copy of the legal material.

Terms Used In Hawaii Revised Statutes 98-6

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 98-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Legal material: means , whether or not in effect:

    (1) The Constitution of the State of Hawaii;

    (2) The Session Laws of Hawaii;

    (3) The Hawaii Revised Statutes;

    (4) A state agency rule that has or had the effect of law;

    (5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or

    (6) State court rules. See Hawaii Revised Statutes 98-2

  • Official publisher: means :

    (1) For the Constitution of the State of Hawaii, the revisor of statutes;

    (2) For the Session Laws of Hawaii, the revisor of statutes;

    (3) For the Hawaii Revised Statutes, the revisor of statutes;

    (4) For any administrative agency rules, the office of the governor;

    (5) For a state court decision included under paragraph (5) of the definition of "legal material" the supreme court; or

    (6) For state court rules, the supreme court. See Hawaii Revised Statutes 98-2

  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 98-2
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 98-2
(b) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
(c) A party contesting the authentication of legal material in an electronic record authenticated under § 98-5 has the burden of proving by a preponderance of the evidence that the record is not authentic.

  Previous
Next  
 Chapter 98 Contents