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Rule 59 – New Trials; Reconsideration or Amendment of Judgments and Orders

May 11, 2021 | Family Law, Hawaii

(a) Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues for good cause shown. On a motion for a new trial, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law, or make new findings and conclusions, and direct the entry of a new judgment.
(b) Time for motion. A motion for a new trial shall be filed not later than 10 days after the entry of the judgment unless otherwise provided by statute.
(c) Time for serving affidavits or declaration. When a motion for new trial is based on affidavits or declarations, they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits or declarations, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits or declarations.
(d) On initiative of court. Not later than 10 days after entry of judgment the court of its own initiative may order a new trial, for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor.
(e) Motion to reconsider, alter or amend a judgment or order. Except as otherwise provided by HRS section 571-54 regarding motions for reconsideration in proceedings based upon HRS sections 571-11(1), (2), or (6), a motion to reconsider, alter or amend a judgment or order is not required but may be filed no later than 10 days after entry of the judgment or order and shall be a non-hearing motion, except that the court in its discretion may set any matter for hearing. Responsive pleadings to a motion for reconsideration shall be filed no later than 10 days after service of the motion to reconsider, alter or amend the judgment or order.
(f) Entry of judgment. Unless otherwise ordered by the court, the filing of the judgment in the office of the clerk constitutes the entry of the judgment, and the judgment is not effective before such entry.

Haw. Fam. Ct. R. 59

Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000; amended March 25, 2008, effective July 1, 2008; further amended November 20, 2014, effective January 1, 2015.

COMMENTS:

Rule 59(e) of the Hawai’i Family Court Rules sets forth the requirements for motions to reconsider, alter or amend a judgment or order. At the time this rule was originally promulgated, the statute required that a motion for reconsideration be filed prior to taking an appeal in a Chapter 587 case. Subsequently, HRS ยง 571-54 was amended to eliminate this requirement. To be consistent with statutory amendments, this amendment would permit but not mandate the filing of a motion for reconsideration in Chapter 587 cases prior to appeal.

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