Count II, and Police Report No. 07-026265 with respect to Count III. However, without specificity as to the prohibited conduct in the Complaint itself, Petitioner/Plaintiff-Appellee State of Hawai'i (the State) was not bound at trial to prove all matters listed in the police reports or to adhere to the EOP sections as cited by the police officers in their reports. Hence, the information provided in these corresponding police reports could be subject to varying applications. Corder, in effect, was left without any certitude of what violative conduct he would be prosecuted for at trial. Thus the Complaint, even viewed in the context of the police reports, was not adequate to fairly permit Corder to prepare for trial. See generally State v. Robins, 66 Haw. 312, 316, 660 P.2d 39, 42 (1983) (<HOLDING>); State v. Mitake, 1 Haw.App. 335, 340, 619
recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery holding that the rules of evidence normally applicable in criminal trials do not operate with full force at hearings before the judge to determine the admissibility of evidence there is therefore much to be said for the proposition that in proceedings where the judge himself is considering the admissibility of evidence the exclusionary rules aside from rules of privilege should not be applicable and the judge should receive the evidence and give it such weight as his judgment and experience counsel holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery recognizing that in adopting rules which are substantially similar to the federal rules of criminal procedure this court has traditionally given great weight to relevant precedent from federal courts particularly the supreme court of the united states recognizing the fact that a bill of particulars is discretionary with the judge pursuant to hawaii rules of penal procedure hrpp rule 7a and the fact that other discovery rules given to the defendant are limited might prevent a defendant from discovering the states position