{"data":{"id":"us-nc/n.c.-gen.-stat.-1a-1-rule-59","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 1A-1, Rule 59","heading":"New trials; amendment of judgments.","body":"(a)\tGrounds. - A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes or grounds:\n(1)\tAny irregularity by which any party was prevented from having a fair trial;\n(2)\tMisconduct of the jury or prevailing party;\n(3)\tAccident or surprise which ordinary prudence could not have guarded against;\n(4)\tNewly discovered evidence material for the party making the motion which he could not, with reasonable diligence, have discovered and produced at the trial;\n(5)\tManifest disregard by the jury of the instructions of the court;\n(6)\tExcessive or inadequate damages appearing to have been given under the influence of passion or prejudice;\n(7)\tInsufficiency of the evidence to justify the verdict or that the verdict is contrary to law;\n(8)\tError in law occurring at the trial and objected to by the party making the motion, or\n(9)\tAny other reason heretofore recognized as grounds for new trial.\nOn 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.\n(b)\tTime for motion. - A motion for a new trial shall be served not later than 10 days after entry of the judgment.\n(c)\tTime for serving affidavits. - When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 30 days either by the court for good cause shown or by the parties by written stipulation. The court may permit reply affidavits.\n(d)\tOn initiative of court. - Not later than 10 days after entry of judgment the court of its own initiative, on notice to the parties and hearing, may order a new trial for any reason for which it might have granted a new trial on motion of a party, and in the order shall specify the grounds therefor.\n(e)\tMotion to alter or amend a judgment. - A motion to alter or amend the judgment under section (a) of this rule shall be served not later than 10 days after entry of the judgment. (1967, c. 954, s. 1; 2014-115, s. 1.)","path":["Chapter 1A. Rules of Civil Procedure.","Article 7. Judgment."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:54:17Z","sha256":"8458329e2200c31e167b263165b1e0d839ffdd81d8af32ebf307d54bd382a930","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-1a-1-rule-58","next":"us-nc/n.c.-gen.-stat.-1a-1-rule-60"},"notice":"GroundRules: Original legal text. Not legal advice."}