Rule 903  Subscribing witness' testimony
unnecessary.  The testimony of a subscribing witness is not necessary to
authenticate a writing. [L 1980, c 164, pt of §1]



 



RULE 903 COMMENTARY



 



  This rule is similar to Fed. R. Evid. 903, except that
the present rule eliminates the clause, "unless required by the laws of
the jurisdiction whose laws govern the validity of the writing."  It
supersedes a statute, Hawaii Rev. Stat. §622-1 (1976) (repealed 1980)
(originally enacted as L 1876, c 32, §62; am L 1972, c 104, §2(a)), which
provided:  "It shall not be necessary to prove an instrument by the
attesting witness if attestation was not required in order for the instrument
to be valid...."