A Motion for Judgment Notwithstanding the Verdict (NOV), or in the Alternative, for a New Trial, can be filed in Hawaii when prejudicial statements were made during a trial. These motions can be crucial for defendants seeking relief from a verdict that may have been impacted by unfair statements. There are different types of such motions that can be considered depending on the specific circumstances of the trial. 1. Hawaii Motion for NOV — Prejudicial Statements: This type of motion is usually filed by the defendant after a jury verdict has been reached, claiming that prejudicial statements made during the trial unfairly influenced the outcome. The motion requests that the court overturn the verdict and enter a judgment in favor of the defendant because of the impact of these statements on the fairness of the trial. 2. Hawaii Motion for New Trial — Prejudicial Statements: This motion, also filed by the defendant, seeks an entirely new trial based on the contention that prejudicial statements rendered the previous trial fundamentally unfair. The defendant argues that the inappropriate statements created a bias among the jurors, preventing a fair and impartial evaluation of the evidence. In both these motions, the defendant typically identifies the specific prejudicial statements made during the trial, explains how they impacted the fairness of the proceedings, and presents legal arguments supporting their request for relief. The goal is to convince the court that the statements were so egregious that they affected the jury's ability to render a fair verdict. The judge will carefully review the allegations, consider supporting evidence, and make a determination on the motion. It is important to note that these motions are not guaranteed to be successful, as the court needs to weigh the gravity of the prejudicial statements against the overall fairness of the trial. However, if the court finds that the statements did indeed create significant prejudice, it may grant the motion and either vacate the verdict entirely or order a new trial where fairness can be better preserved. Overall, the Hawaii Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for a New Trial — for prejudicial statements at trial, serves as an essential tool for defendants to seek remedies when they believe that prejudicial statements obstructed their right to a fair trial. By filing such motions, defendants aim to secure a just resolution and protect their constitutional rights.