§584-14  Civil action.  (a)  An action
under this chapter shall be a civil action governed by the Hawaii rules of
civil procedure or the Hawaii family court rules.  The mother of the child and
the alleged father shall be competent to testify and may be compelled to
testify, provided that no criminal prosecution, other than a prosecution for
perjury, shall afterwards be had against the mother or the alleged father for
or on account of any transaction, matter, or thing concerning which she or he
may testify or produce evidence, documentary or otherwise.  Sections 584-11 and
584-12 shall apply in any action brought under this chapter.



(b)  Testimony relating to sexual access to the
mother by an unidentified man at any time or by an identified man at a time other
than the probable time of conception of the child shall be inadmissible in
evidence, unless offered by the mother.



(c)  In an action against an alleged father,
evidence offered by him with respect to a man who is not subject to the
jurisdiction of the court concerning his sexual intercourse with the mother at
or about the probable time of conception of the child shall be admissible in
evidence only if he has undergone and made available to the court genetic
tests, including blood tests the results of which do not exclude the
possibility of his paternity of the child. [L 1975, c 66, pt of §1; am L 1979,
c 105, §58; am L 1989, c 34, §4]



 



Case Notes



 



  No right to jury trial.  5 H. App. 558, 705 P.2d 535.



  Court properly excluded evidence of sexual access to mother
within and without probable conception period; exclusion of sexual access
information and preclusion of cross-examination of mother regarding her earlier
pregnancy did not violate due process.  6 H. App. 629, 736 P.2d 448.