How do I make a motion for a new trial?

In Hawaii, if you wish to file a motion for a new trial, you must file it with the court that originally heard your case. You should also provide the court with arguments about why a new trial is necessary. Generally, you must demonstrate that new evidence has been discovered since the original ruling, or that errors were made during the original trial. The motion must be filed in writing and you may be required to submit additional documents such as an affidavit, which is a written statement that you swear under oath is true. Additionally, you may also need to make a supporting memorandum of law that includes legal citations in support of your argument. Before filing the motion, you should consult the court’s motion rules regarding filing fees and deadlines, as each court may have different requirements. Generally, your motion will need to be filed in the court before the second hearing in the appeal process. After filing the motion, the court will review it and decide whether to grant a new trial. If the court decides not to grant a new trial, you may be able to appeal the decision to a higher court.

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