You will have one reasonable opportunity to present your evidence. So PLAN AHEAD and FOLLOW THROUGH.
If you want to call a witness that you do not think will show up, you can subpoena that witness. A subpoena is an official court document that requires the witness to show up at the court or the hearing.
If you want to obtain a document you do not have and you know who does, you can get a subpoena duces tecum, an official document that requires the person who has the document to give a copy to you. (Some exceptions apply such as privileged information).
You can obtain the form by calling or visiting either the court or hearings office you will appear at. Once you get the correct form, fill it out and follow the instructions. Then you will have to serve the subpoena or subpoena duces tecum to the respective person(s).
Two ways to serve:
- Hawaii Sheriff's Office
You must provide the person's correct name and place where it can be served. They will not serve a subpoena if no specific current address is provided.
- By Registered mail - Return receipt requested.
The mail will be delivered only to the person it is addressed to and a signed receipt will be returned to you. Keep the signed receipt and bring it to court in case the judge asks if you properly served the witnesses.
You must properly serve the person(s) and pay all the expenses related to proper service. If the person(s) is not properly served, the court cannot make them show up to testify or bring the documents you want.
Remember: The witness should be notified ahead of time that they are required to attend a hearing. You must allow at least 7 days for the subpoena to be served. If you wait until the last minute to subpoena a witness, the subpoena may not be enforceable, or the hearing might be postponed until the subpoena is served.