Hawaii Motion for New Trial is a legal document filed in the state of Hawaii that requests the court to reconsider its decision and grant a new trial. This motion can be submitted by either the plaintiff or the defendant who believes that the outcome of the initial trial was unfair or incorrect. In Hawaii, there are several types of motions for a new trial that can be pursued. These include: 1. Newly Discovered Evidence: When new evidence surfaces after the trial that could not have been discovered with reasonable diligence before, a motion for a new trial can be filed based on this newly found evidence. The evidence must be material and likely to change the outcome of the case if presented during a new trial. 2. Misconduct by Jury or Opposing Party: If there was misconduct by the jury or opposing party during the trial that had a prejudicial effect on the outcome, a motion for a new trial can be filed. This could involve improper communication between the jury and parties, or if the opposing party engaged in unethical behavior or withheld crucial evidence. 3. Error(s) in Law: When errors in the application of the law occurred during the trial, a motion for a new trial can be filed. This includes instances where the judge misinterpreted or misapplied the law, resulting in an unfair judgment or decision. 4. Prejudicial Errors: If there were substantial errors in the trial proceedings that led to an unfair trial, such as allowing inadmissible evidence or improper instructions to the jury, a motion for a new trial can be filed based on these prejudicial errors. It is important to note that a motion for a new trial in Hawaii must be filed within a specified time frame, typically within ten days after the judgment is entered. The motion should clearly state the grounds on which it is being filed and provide supporting evidence or legal arguments to demonstrate the necessity for a new trial. Submitting a Hawaii Motion for New Trial requires knowledge of the legal process and an understanding of relevant laws and rules. It is advisable to consult with an experienced attorney who can draft and file a strong motion on your behalf, ensuring that all legal requirements are met.
Hawaii Motion for New Trial
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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
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Unless the court otherwise directs and subject to the provisions of Rule 54 of these rules and Rule 23 of the Rules of the Circuit Courts, the prevailing party shall prepare and submit a proposed judgment.
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An action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the return date as provided in Rule 12(a) or service by the adverse party of an answer or of a motion for summary judgment, or (ii) by filing a stipulation of dismissal signed by all parties who ...
A party's post-trial request that the court vacates the judgment and orders a new trial to re-examine some or all of the matters from the concluded trial. The motion can be made by any party and following both jury trials and bench trials.
HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.
(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...