Can I take depositions in a small claims court case?

In Hawaii, it is possible to take depositions in a small claims court case, but the process is limited. Depositions in small claims court cases can only be used to assist in gathering evidence and cannot be used to establish the truth of any point at issue in the case. Additionally, the court must first give permission before a deposition can be taken in a small claims court case. A deposition is a sworn statement given outside the courtroom, where the deponent (the person giving the statement) is questioned under oath by the opposing party or the party’s attorney. Depositions are typically done to collect evidence for a case and to preserve the witness’s testimony in the event that the witness cannot appear in court. In a small claims court case, only evidence that has already been collected can be used for the deposition. Also, the deposition can only be taken by the party or the party’s attorney, and must be conducted in a manner that is reasonable and respectful. Additionally, the deposition must be transcribed and affirmatively certified by the deponent (the person giving the statement). In short, while it is possible to take depositions in a small claims court case in Hawaii, the process is limited, and the court must give permission before a deposition can be taken.

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