Rule 903 Subscribing witness' testimony unnecessary. The testimony of a subscribing witness is not necessary to authenticate a writing. [L 1980, c 164, pt of 1]

 

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 Stat. 622-1 (1976) (repealed 1980) (originally enacted as L 1876, c 32, 62; am L 1972, c 104, 2(a)), which provided: "It shall not be necessary to prove an instrument by the attesting witness if attestation was not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...."

 

 

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