What is the difference between a motion for judgment and a motion for new trial in small claims court?

In Hawaii’s small claims court, a motion for judgment and a motion for new trial are two different actions that can be taken depending on the outcome of the original case. A motion for judgment is filed when a party feels that they won the case and are seeking to have the court rule in their favor. A motion for judgment also allows the winning party to collect any damages or other remedies that have been awarded. A motion for new trial, on the other hand, is typically filed by the losing party and seeks to have the court rehear the case or look at additional evidence. A motion for new trial can also be filed if there is a mistake made during the original trial that the losing party believes warrants a retrial. Both motions can be used to modify the results of a case. However, the differences between the two motions are significant. A motion for judgment is used to finalize a case and award damages and remedies while a motion for new trial is used to reexamine evidence or retry a case. Ultimately, the court has the final say in whether a motion is granted or denied.

Related FAQs

What is the process for collecting a judgment from an out-of-state party in small claims court?
Are there any special rules or procedures I need to know when filing a claim in small claims court?
How do I request a stay of proceedings in small claims court?
Is there a limit on the amount of damages that can be recovered in a small claims court case?
How do I go about representing myself in small claims court?
Is there a limit on the amount of money I can collect in a small claims court case?
How do I add a defendant to a small claims court case?
How do I collect a judgment from an individual who does not have assets?
How do I obtain an interim order in a small claims court case?
What is the court's decision-making process for small claims cases?

Related Blog Posts

What is Small Claims Court and How Does it Work? - July 31, 2023
Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023