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Motion for Reconsideration or New Trial

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MOTION FOR RECONSIDERATION OR NEW TRIAL;
DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE

Form #2DC41

IN THE DISTRICT COURT OF THE SECOND CIRCUIT

STATE OF HAWAII

Plaintiff(s)

Reserved for Court Use

Civil No.

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

Defendant(s)

Trial/Motion Judge:

MOTION FOR RECONSIDERATION OR NEW TRIAL

Filing Party requests that this Motion be set for hearing on a date and time certain. This Motion is based on the Declaration below and is made pursuant to:

District Court Rules of Civil Procedure, Rule

New trial under District Court Rules of Civil Procedure, Rule 59.

DECLARATION

1. I am the Movant or associated with the Movant as

2. The following are facts why the Motion should be granted (Attach additional page(s), if necessary):

I DECLARE UNDER PENALTY OF LAW THAT WHAT I HAVE STATED IS TRUE AND CORRECT.

Signature of Declarant:

Date:

Print/Type Name:

SEE PAGE 2 FOR NOTICE OF MOTION AND TO RESPOND TO THE MOTION

NOTICE OF MOTION

TO

Please take notice that this Motion will be heard by the District Judge of this Court, in his/her Courtroom, at the address below on

(Day): (Date): at (Time): .m.

or as soon thereafter as parties may be heard.

COURT ADDRESSES

Wailuku Division (Regular Claims)

Wailuku Division (Small Claims)

Lahaina Division

Hana Division

Molokai Division

Lanai Division

2145 Main Street, Courtroom 3C, Third Floor, Wailuku, HI 96793

2145 Main Street, Courtroom 3D, Third Floor, Wailuku, HI 96793

1870 Honoapiilani Highway, Lahaina, HI 96761

4974 Uakea Road, Hana, HI 96713

55 Makaena Place, Kaunakakai, Moloka'i, HI 96748

312 8th Street, Lana'i City, Lana'i, HI 96763

Mailing address for the above Courts:

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Motion on all parties or their attorneys by

Hand-delivery or Mail, addressed as follows:

Signature of Filing Party/Attorney:

Date:

Print/Type Name:

RESPONSE TO THE MOTION/CERTIFICATE OF SERVICE

I DO NOT OBJECT to this Motion.

I DISAGREE with this Motion for the following reasons (Attach additional page(s), if necessary):

Reserved for Court Use

I DECLARE UNDER PENALTY OF LAW THAT WHAT I HAVE STATED IS TRUE AND CORRECT.

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Response To The Motion on all parties or their attorneys by

Hand-delivery or Mail, addressed as follows:

Signature of Responding Party/Attorney:

Date:

Print/Type Name:

In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the District Court Administration Office at PHONE NO. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least ten (10) working days in advance of your hearing or appointment date. For all civil matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141, Wailuku, HI 96793.

Reprographics (2/2015)

(Rev. 7/24/2017)

2D-E-255

Motion for Reconsideration or New Trial

Form#2DC41

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What the Motion for Reconsideration or New Trial Is and When It Applies

A Motion for Reconsideration or New Trial asks the court to reexamine a judgment or order and, where permitted, grant a new trial or amend the decision. In federal practice, Rule 59 governs motions for a new trial and Rule 60 governs relief from judgment; many state courts have parallel rules with varying deadlines and standards. Such motions typically rely on legal error, newly discovered evidence, manifest injustice, or procedural defects. Properly drafted motions identify the judgment challenged, the specific grounds for relief, supporting authority, and a proposed order for the judge to sign.

Why a Motion for Reconsideration or New Trial Can Matter

A timely, focused motion can correct legal errors, preserve issues for appeal, or obtain a fresh trial when outcomes rest on flawed rulings or newly discovered evidence.

Why a Motion for Reconsideration or New Trial Can Matter

Who Typically Prepares or Files This Motion

The motion is used by litigants and counsel seeking post-judgment relief; it can be filed in federal or state court depending on the case.

  • Practicing attorneys who represent plaintiffs or defendants and prepare legal argument and evidence for post-judgment relief.
  • Self-represented litigants (pro se) who meet local rules and filing deadlines and can draft coherent legal grounds.
  • Appellate counsel who may file or preserve issues following judgment to support later appeal.

Representative Users and Signing Authorities

Lead Counsel

A licensed attorney representing a party will typically draft, sign, and file the motion, certify service, and present supporting affidavits or exhibits under the court's local rules.

Pro Se Litigant

An individual representing themselves may prepare and file the motion but must strictly follow procedural rules, meet page limits, and handle service and proof requirements without counsel's assistance.

Core Elements to Include in a Professional Motion

A complete motion organizes legal argument, identifies the challenged order, cites authority, and provides supporting factual evidence and a proposed order for the judge to sign.

Caption

Complete case caption with court, docket number, parties, and title identifying the pleading as a Motion for Reconsideration or Motion for New Trial.

Grounds

Concise statement of the legal or factual bases for relief (e.g., manifest error of law, newly discovered evidence, juror misconduct) with supporting citations to authority.

Statement of Facts

Clear chronological facts relevant to the challenged ruling, including references to the trial record, transcript citations, and dates essential to the motion.

Argument

Focused legal analysis applying controlling law to facts; explain why the court should grant reconsideration or order a new trial.

Relief Requested

Specific request (amend judgment, grant new trial, alter or amend under FRCP 59(e), or relief under FRCP 60(b)) and any conditional requests.

Proposed Order

A draft order the judge can sign detailing the relief, any scheduling changes, and instructions to the clerk for further action.

Step-by-Step: How to Prepare and File the Motion

Follow these steps in order to assemble supporting materials, meet deadlines, and submit the motion through the correct filing channel.

  • 01
    Gather record: Collect transcripts, exhibits, and the judgment to cite specific record pages.
  • 02
    Draft motion: Write concise grounds, legal argument, and proposed order for judicial review.
  • 03
    Attach exhibits: Include affidavits or new evidence as sworn exhibits with exhibit labels.
  • 04
    File and serve: Submit via court eFiling or clerk's office and serve all parties per local rule.

Routine Post-Filing Tasks and Possible Outcomes

After filing, follow up on scheduling, objections, and potential hearings while preserving the record for appeal if needed.

01

Clerk review:

Clerk logs the filing and assigns a motion number and docket text.
02

Opposition period:

Other parties typically have a set number of days to file oppositions under local rules.
03

Hearing set:

Court may set oral argument or decide on the papers depending on local practice.
04

Ruling:

Judge issues an order granting, denying, or partially granting requested relief.
05

Appeal window:

An adverse ruling can be preserved for appeal; consult appellate deadlines.
06

Record maintenance:

Keep certified copies of filings and docket entries for appeals and retention.

Where and How the Motion Is Filed and Served

Filing methods and service requirements vary by court; use the prescribed eFiling system or clerk's office and follow local service rules.

  • Federal court: File via CM/ECF; service may follow court and FRCP requirements.
  • State court: Use state eFiling portal or clerk's office per local rules.
  • Service: Serve opposing counsel and parties by authorized methods in the jurisdiction.
  • Proof of service: Include a signed certificate of service or eFiling proof sheet.

Customizing an Online Workflow for This Motion

Configure signing, authentication, and templates to streamline completion and ensure compliance with court filing formats.

Field Configuration
Authentication Email link, SMS code, or advanced verification
Template Save reusable caption and signature blocks
Conditional fields Show exhibits section only if attachments exist
Delivery Send completed PDF to filer and opposing counsel

Digital Filing and eSubmission Considerations

Courts and eFiling portals accept signed PDFs; check local format and metadata requirements before upload.

  • Document format: PDF/A or flattened PDF usually required
  • Metadata: Include docket number and motion title
  • Integrations: Works with Salesforce, Microsoft 365, NetSuite integrations

Ensure the chosen platform supports audit trails, required signer authentication, and produces court-compatible documents for eFiling.

Required Case and Motion Information to Provide

Case Number: Docket number for accurate filing
Court Name: Full court caption
Party Names: Plaintiff and defendant names
Judgment Date: Date the challenged order was entered
Relief Requested: Clear description of requested remedy
Exhibits: List of attached supporting documents

Typical Deadlines and Timing Rules

Meet the applicable rule deadlines; federal and state courts use differing time limits and some motions require expedited scheduling.

FRCP 59(e) / New Trial:

28 days after entry of judgment is typical

FRCP 60(b):

Relief from judgment within a reasonable time

State courts:

Deadlines vary; check local rules

Service timing:

Serve opponents before filing where local rule requires

Hearing schedule:

Court may set expedited or regular hearing dates

Key Milestones from Judgment to Final Disposition

Track these milestones to ensure timely filings, preserve appeal rights, and coordinate evidence or transcript requests.

01

Judgment Entered

Court enters final judgment and docket entry is created

02

Transcript Order

If needed, order trial transcript promptly for record support

03

Motion Filed

File motion within the applicable statutory or local deadline

04

Opposition Filed

Opposing party may file a timely opposition per local rules

Common Pitfalls to Avoid When Preparing the Motion

  • Missing the court’s deadline or miscalculating the days can waive the right to bring the motion and forfeit appellate preservation.
  • Failing to cite record pages or provide transcripts often results in denial for lack of evidentiary support.
  • Overstating newly discovered evidence without affidavits or explanation of diligence undermines credibility and may be rejected.
  • Submitting an unsigned or improperly served motion can lead to administrative rejection or later procedural objections.

Consequences and Risks of Defective or Late Motions

Waiver Risk: Waives appellate objections
Denial: Motion may be denied on timeliness or merit
Sanctions: Frivolous filings risk sanctions
Increased Costs: Adds delay and litigation expense
Record Gaps: Missing transcript evidence weakens claims
Strategic Harm: Unsuccessful motion can reveal strategy to opponent

eSignature Vendor Pricing Snapshot for Motion Preparation and Signing

Compare core pricing and capabilities relevant to preparing, signing, and distributing court filings. Confirm vendor terms and plan details directly with each provider.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Motion Use and Platform Support

Organizations and practitioners rely on templates and digital signing to manage post-judgment filings and preserve records.

Optica Ventures

The team streamlined document turnaround with templates and eSignatures for post-trial motions.

  • They used consistent caption templates for accuracy.
  • This reduced preparation time and ensured filings matched clerk records for faster processing.

Xerox NetSuite Ops

Operations used integrations to attach exhibits and routing logic for approvals.

  • Integration reduced manual attachment errors.
  • The workflow ensured complete records and auditable signatures before printing or eFiling.

Tips to Improve Accuracy and Reduce Rejection Risk

Adopt these writing, filing, and evidence-handling practices to strengthen your motion and minimize procedural problems.

Use precise citations and record references
Cite exact transcript pages, exhibit numbers, and statute or case law to allow the court and opposing counsel to verify claims quickly.
Limit argument to permitted grounds
Focus on recognized bases for relief—legal error, newly discovered evidence, or manifest injustice—rather than rearguing settled issues.
Prepare a concise proposed order
Include clear remedial language the judge can adopt to expedite decision-making and reduce follow-up drafting by the clerk's office.
Confirm service and proof
Attach a certificate of service or eFiling confirmation showing how and when opposing parties received the motion to prevent service disputes.

Frequently Asked Questions About Motions for Reconsideration or New Trial

Answers to common procedural, timing, and evidence questions to help avoid basic errors and understand possible outcomes.


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