Hawaii Motion for Reconsideration or New Trial

State:
Hawaii
Control #:
HI-MOTRECON
Format:
PDF
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Description

This is an official form to be completed and submitted by a party asking that a motion be reconsidered or a new trial granted. The motion must rely on the rules of civil procedure that dictate when a motion can be reconsidered or a new trial ordered.

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FAQ

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

What Happens at a Trial Setting Conference? The judge will ask questions about the case to ascertain whether it is ready for trial and how long the trial is likely to take. If the case is indeed ready to proceed to trial, the court will set a Mandatory Settlement Conference (or MSC) as well as a trial date.

Fraud, accident, mistake or excusable negligence.Newly discovered evidence.Damages awarded were excessive.Insufficient evidence to support.

A motion asking the court to enter judgment as a matter of law. This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party (i.e., whatever evidence exists for such ruling is legally insufficient).

Fraud, accident, mistake or excusable negligence. Newly discovered evidence. Damages awarded were excessive. Insufficient evidence to support.

A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.

After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.

Rule 59(a) of the Federal Rules of Civil Procedure 28 U.S.C., Appendix. The amendments to the first two sentences make it clear that a judge has no power to order a new trial on his own motion, that he can act only in response to a motion timely made by a defendant.

A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.

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Hawaii Motion for Reconsideration or New Trial