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Hawaii Revised Statutes

Haw. Rev. Stat. § 626-2 (2025)

Effective date; applicability to future cases and pending cases

✓ laws through the 2025 session: the 2026 session is not included
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     §626-2  Effective date; applicability to future cases and pending cases.  This chapter shall take effect on January 1, 1981.

     The Hawaii Rules of Evidence in section 626-1 shall apply to actions, cases, and proceedings brought on or after January 1, 1981; provided that the rules shall also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary rules or principles shall apply. [L 1980, c 164, pt of §1]

 

 

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1982–2024 · leading case: State v. Kim, 645 P.2d 1330 (Haw. 1982).
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State v. Kim, 645 P.2d 1330 (Haw. 1982). · cites it 2× “” HRS § 626-2. 6 Under the Federal Rules of Evidence, the code upon which our own rules of evidence are modeled, expert testimony regarding mental or emotional conditions or states of mind which reflect on issues ultimately to be determined by the jury have been frequently…”
State v. Fox, 760 P.2d 670 (Haw. 1988). · cites it 2× “See HRS § 626-2. By virtue of HRS § 626-3, a rule of evidence codified in HRS chapter 626 prevails over an inconsistent procedural rule promulgated by this court, unless chapter 626 or the procedural rule “specifically provides otherwise.”
State v. Kalani, 649 P.2d 1188 (Haw. App. 1982). · cites it 2× “HRS § 626-2 sets the effective date of the HRE at January 1, 1981.”
Hawai'i Police Dep't v. Kubota., 557 P.3d 865 (Haw. 2024). · cites it 4× “See HRS § 626-2 (2016). But for cases post-1980, the HRE controls.”
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