Can I modify or vacate a small claims court judgment?
Yes, you can modify or vacate a small claims court judgment in Hawaii. In order to modify or vacate a small claims court judgment, you must file a motion for relief from judgment. This motion must be filed within 90 days after the judicial officer has entered judgment. The motion must explain why the judgment should be modified or vacated. When considering your motion, the court will consider factors such as: -Whether you acted promptly when you requested the modification or vacation of the judgment -Whether there are any meritorious legal or equitable defenses -Whether there was any mistake, surprise, or excusable neglect in the proceedings -Whether there is newly discovered evidence Once the motion is filed, a hearing will be scheduled and both parties will have an opportunity to present evidence and arguments. The judgment can be modified or vacated if the court finds that evidence or arguments that could not have been presented at the original hearing could change the outcome. In any case, it is important to seek legal advice before filing a motion for relief from judgment. A lawyer can help you understand your rights and provide guidance in meeting the legal requirements to modify or vacate a small claims court judgment.
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