The common-law doctrine of last clear chance has been abolished
in Hawaii. Rapoza v. Parnell, 83 Haw. 78, 924 P.2d 572 (Haw.
App. 1996). If it survives at all, it is simply one
consideration to be examined in determining comparative
Sometimes it is necessary to take a deposition for use at a trial after the discovery cut-off has already passed. There is a line of Federal cases which recognize the difference between discovery depositions and trial testimony preservation depositions and allow the latter to be taken even after the discovery cut-off has occurred. See, eg., Charles v. Wade, 665 F.2D 661 (5th Cir. 1982) and Estenfelder v. The Gates Corporation, 199 F.R.D.351 (D. Colo. 2001).
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