2013 Hawaii Revised Statutes
TITLE 33. EVIDENCE
621C. Witness immunity
621C-2 Procedures.


HI Rev Stat § 621C-2 (2013) What's This?

§621C-2 Procedures. If a person has been or may be subpoenaed to testify or to produce a record, document, or other object in an official proceeding as described in section 621C-1, a judge of a circuit court may, upon application by the attorney general or county prosecutor, issue an order requiring the person to testify or to produce a record, document, or other object, notwithstanding the person's refusal to do so on the basis of the person's privilege against self-incrimination. The order may be issued prior to the assertion of the privilege against self- incrimination but shall not be effective until the witness asserts the witness' privilege against self-incrimination and the presiding officer communicates the order to the witness. The application and order shall specify whether the immunity granted under this chapter is use immunity as set forth in section 621C-3 or transactional immunity as set forth in section 621C-4. [L 1978, c 212, pt of §2; gen ch 1985]

Cross References

Antitrust proceedings, see §480-23.1.

Case Notes

Under prior law, order was properly granted where person was likely to assert privilege and person's testimony was necessary to the public interest. 62 H. 259, 614 P.2d 386.

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