(a)Grounds. A new trial may be granted to all or any of the parties and on all or part of the issues
(1)in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the State; and (2) in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in suits in equity in the courts of the State. On a motion for a new trial in an action tried without a jury, 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 no later than 10 days after entry of the judgment.
(c)Time for serving affidavits. When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits, but that period may be extended for up to 20 days, either by the court for good cause or by the parties' written stipulation. The court may permit reply affidavits.
(d)On court's initiative; notice; specifying grounds. No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial, for a reason not stated in the motion. When granting a new trial on its own initiative or for a reason not stated in a motion, the court shall specify the grounds in its order.
(e)Motion to alter or amend judgment. Any motion to alter or amend a judgment shall be filed no later than 10 days after entry of the judgment.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
A new trial can be granted on any or all issues, for any reason new trials were traditionally granted in jury cases at law, or, in a case tried without a jury, for any reason rehearings were traditionally granted in equity; in a bench trial, the court can also reopen the judgment, take more testimony, and revise or make new findings and conclusions before entering a new judgment. A motion for a new trial must be filed no later than 10 days after judgment, and if it rests on affidavits, those must be filed with the motion, with the opposing side getting 10 days to respond (extendable up to 20 days by the court or by written stipulation) and the court free to allow reply affidavits.
The court can also order a new trial on its own initiative within 10 days of judgment, for any reason that would justify granting one on a party's motion, or grant a timely motion for reasons the moving party never raised, so long as the parties get notice and a chance to be heard first; either way, the court must spell out its grounds in the order. A motion to alter or amend the judgment follows the same 10-day deadline as a motion for a new trial.
Frequently Asked Questions
How long does a party have to move for a new trial?
No later than 10 days after entry of the judgment.
Can the court order a new trial on its own, without either party asking?
Yes, within 10 days of judgment, for any reason that would justify granting a new trial on a party's motion, and the court must specify its grounds in the order.
What's the deadline to ask the court to alter or amend a judgment?
The same as a motion for a new trial: no later than 10 days after entry of the judgment.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 59). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:motion for new trialmotion to alter or amend judgmentgrounds for new trial