Report Title:

HAWAII RULES OF EVIDENCE

Description:

Allows individuals, corporations, and government entities to offer apologies or other expressions of sympathy without fear of such gestures being used against them to establish civil liability.

THE SENATE

S.B. NO.

2862

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE HAWAII RULES OF EVIDENCE.

 

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

SECTION 1. While it is only civil and humane to apologize and offer sympathy or other expressions of understanding to persons who have been harmed in some way, the reality of lawsuits oftentimes prevents such expressions of apology or sympathy from being made for fear that they will be used subsequently as an admission of liability. Many people will bring a claim or a lawsuit against another person or other entity for the simple reason that there has been no apology or expression of empathy. Particularly in our State, The Aloha State, it is regrettable that members of our statewide community cannot reach out to others in a humane way without fear of having such a communication used subsequently as an admission of liability. This Act will allow such expressions without fear of their being used against those who express such sentiment to others.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by adding to article IV a new rule to be appropriately designated and to read as follows:

"Rule Apologies. Evidence of written or oral apologies issued by or on behalf of an individual, corporation, or government entity, whether made before or during judicial or administrative proceedings relating to the subject matter of the apology, is not admissible to prove liability. Evidence of benevolent gestures made in connection with such apologies is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable or admissible merely because it is presented in conjunction with an apology. This rule also does not require exclusion when the evidence is offered for another purpose, such as disproving a contention of bad faith."

SECTION 3. This Act does not affect the rights or duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST