§502-82 - Record or copy as evidence. - Hawaii Statutes

     §502-82  Record or copy as evidence.  The record of an instrument duly recorded, or a transcript thereof, duly certified, may also be read in evidence, with like force and effect as the original instrument.  Neither the certificate of acknowledgment, nor the proof of any instrument, is conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby.  If the party contesting the proof of an instrument makes it appear that the proof was taken upon the oath of an interested or incompetent witness, neither the instrument nor the record thereof shall be received in evidence until established by other competent proof. [CC 1859, §1259; RL 1925, §3169; RL 1935, §5155; RL 1945, §12755; RL 1955, §343-48; HRS §502-82]

 

Case Notes

 

  Record may be offered to impeach original by showing alteration in description after recording.  14 H. 276, 278.

  Record or certified copy admissible though original produced. 14 H. 276, 277.

  Certificate not conclusive, 16 H. 294, 300.  See 18 H. 412, 413.

  Presumption of regularity raised by acknowledgment.  25 H. 470, 473; 49 H. 62, 73, 412 P.2d 326.