Lahaina Fashions, Inc. v. Bank of Hawai‘i.

Opinion of the Court by

ACOBA, J.

We hold, first, that depending on the circumstances, a court may recall a jury following a formal discharge if the jury is in the presence of, under the direction of, or subject to the control of the court. Inasmuch as the Intermediate Court of Appeals (ICA) held that a jury cannot be recalled under any circumstances following an order discharging the jury, respectfully, the ICA erred.

Second, a special verdict form cannot be amended simply because the jury “realized that its answers to the special verdict form have caused a result opposite from what it…