Hawaii Sample Letter for Motion for Auditor or New Trial and Prejudgment Interest Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to bring your attention to an important matter related to the recent judgment in the case [Case Name/Number] in the [Hawaii State/Circuit] Court. As the counsel representing the plaintiff [Your Client's Name], I would like to formally request a Motion for Auditor and a New Trial, as well as the inclusion of Prejudgment Interest, in accordance with the relevant laws and regulations of the State of Hawaii. First and foremost, I would like to address the necessity of an Auditor. After a thorough review of the case and the final judgment, it has become evident that the awarded amount does not accurately reflect the extent of damages suffered by my client due to the defendant's actions. As established during the trial, the defendant's negligence resulted in severe physical injuries, emotional distress, and financial hardships for my client. Considering the gravity of the harm caused, it is crucial that the court reevaluates the award and adjusts it to a fair and just amount. This is where the concept of Auditor comes into play. As you may be aware, Auditor allows the court to increase the awarded damages, ensuring that the plaintiff receives adequate compensation for their losses. In light of the evidence presented, I firmly believe that an adjustment to the awarded amount is warranted. I kindly request the court's consideration of this motion to rectify the situation. Additionally, I would like to request a New Trial in this case. It has come to my attention that certain irregularities occurred during the trial, including the introduction of improperly obtained evidence, witnesses' testimonies being disregarded, and potential juror misconduct. These factors undermine the fairness and impartiality of the trial, and hence, justice demands another opportunity for a fair hearing of this case. Furthermore, I would like to draw your attention to the inclusion of Prejudgment Interest. As per the laws of Hawaii, Prejudgment Interest should be calculated and added to the total damages. This interest compensates the plaintiff for the duration of time that they have been deprived of their rightful compensation. Given that significant time has passed since the incident occurred, it is important to consider this crucial aspect while recalculating the damages. In conclusion, I kindly request the court's careful consideration of this Motion for Auditor and New Trial, as well as the inclusion of Prejudgment Interest. The nature of this case, the severity of damages suffered by my client, and the aforementioned irregularities during the trial necessitate a reevaluation of the awarded amount. By granting this motion, the court can ensure justice is served and provide adequate compensation to my client. Thank you for your attention to this matter. I look forward to receiving a favorable response from the court. Sincerely, [Your Name] [Your Law Firm] [Contact Information]
Hawaii Sample Letter for Motion for Additur or New Trial and Prejudgment Interest
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FAQ
In essence, the decided prejudgment cases focus very much on predetermination of factual issues, whether directly or via prejudgment of the credibility of witnesses to those facts. None of these cases would appear to involve a scenario where the impugned judicial remarks focused upon questions of legal doctrine.
The summons shall (1) be signed by the clerk, under the seal of the court, (2) contain the name of the court, the names of the parties, and the date when issued, (3) be directed to the defendant, (4) state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, (5) state the time ...
?It is well settled that prejudgment interest is a substantive aspect of a plaintiff?s claim, rather than a merely procedural mechanism.? In re Exxon Valdez, 484 F.
Prejudgment attachment is the statutory remedy enabling a. plaintiff to seize and bring the defendant's property into legal cus- tody pending trial on the plaintiff's claim.1 Prejudgment garnish- ment is the process which enables the plaintiff prior to trial to freeze.
The interest that a creditor, usually a plaintiff in the case, is entitled to collect, derived from the amount of a judgment, which compensates the creditor for an injury which occurred before the judgment.
Prejudgment interest is the amount of interest the law provides to a plaintiff to compensate for the loss of the ability to use the funds. If prejudgment interest is awarded, it is computed from the date on which each loss was incurred until the date on which you sign your verdict.
