Report Title:

TESTIMONY

Description:

Revises appropriate provisions relating to the admissibility of reliable, trustworthy, and relevant lay and expert testimony in a judicial proceeding.

THE SENATE

S.B. NO.

2854

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TESTIMONY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to update Hawaii Rules of Evidence rules 701, 702, and 703 to reflect the current version of Federal Rules of Evidence rules 701, 702, and 703. Hawaii Rules of Evidence rules 701, 702, and 703 were originally modeled on the federal rules, but have not been updated to adopt the amendments that Congress made to the federal rules on April 17, 2000.

This Act adopts the April 17, 2000 amendments. In doing so, the intent of the legislature is to adopt the federal standard for expert witness testimony set forth by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). In Daubert, the Supreme Court established four factors that clarify when expert scientific testimony is admissible. The Daubert court also established a gatekeeping requirement for trial courts that helps to ensure the reliability and relevancy of expert testimony. In Kumho Tire, the Supreme Court clarified that rule 702 applies to non-scientific, as well as scientific, expert testimony.

The supreme court of the State of Hawaii has declined to adopt the holdings in Daubert and Kumho Tire, in part because the legislature has not adopted the April 17, 2000 amendments to the federal rules. See State v. Vliet, 95 Haw. 94, 105-10 (2001). The Daubert and Kumho Tire standards provide trial courts and legal practitioners with greater guidance regarding the admissibility of expert testimony under rule 702. The legislature therefore intends to adopt these federal standards as part of the amendment to Hawaii Rules of Evidence rules 701 and 702.

The amendment to rule 703 clarifies the relationship between rules 702 and 703. This amendment should reduce confusion regarding the effect of an expert witness' reliance on otherwise inadmissible facts or data.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by amending rule 701 to read as follows:

"Rule 701 Opinion testimony by lay witnesses. If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (1) rationally based on the perception of the witness, and (2) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue[.], and (3) not based on scientific, technical, or other specialized knowledge within the scope of rule 702."

SECTION 3. Section 626-1, Hawaii Revised Statutes, is amended by amending rule 702 to read as follows:

"Rule 702 Testimony by experts. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise[. In determining the issue of assistance to the trier of fact, the court may consider the trustworthiness and validity of the scientific technique or mode of analysis employed by the proffered expert.], if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case."

SECTION 4. Section 626-1, Hawaii Revised Statutes, is amended by amending rule 703 to read as follows:

"Rule 703 Bases of opinion testimony by experts. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence[. The court may, however, disallow testimony in the form of an opinion or inference if the underlying facts or data indicate lack of trustworthiness.] in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect."

SECTION 5. Rules 701 through 703 of the Hawaii Rules of Evidence, chapter 626, Hawaii Revised Statutes, as amended by this Act, shall be construed consistent with federal courts' interpretations of rules 701 through 703 of the Federal Rules of Evidence.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST