Rule 59.New trials; amendment of judgments.

Last amended 2014 · Last verified July 3, 2026

In one sentenceRule 59 lists the grounds for a new trial, sets tight deadlines for the motion and any supporting affidavits, lets the court order a new trial on its own, and gives a separate deadline for asking the court to alter or amend the judgment itself.

Full Text of Rule 59

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Grounds. – 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:

(1) Any irregularity by which any party was prevented from having a fair trial;

(2) Misconduct of the jury or prevailing party;

(3) Accident or surprise which ordinary prudence could not have guarded against;

(4) Newly discovered evidence material for the party making the motion which he could not, with reasonable diligence, have discovered and produced at the trial;

(5) Manifest disregard by the jury of the instructions of the court;

(6) Excessive or inadequate damages appearing to have been given under the influence of passion or prejudice;

(7) Insufficiency of the evidence to justify the verdict or that the verdict is contrary to law;

(8) Error in law occurring at the trial and objected to by the party making the motion, or

(9) Any other reason heretofore recognized as grounds for new trial. 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 served not later than 10 days after entry of the judgment.

(c) Time 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.

(d) On 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.

(e) Motion 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.

End

Amendment History

(1967, c. 954, s. 1; 2014-115, s. 1.)

Plain-English Summary

Rule 59(a) allows a new trial, for all or any of the parties and on all or part of the issues, for grounds including: an irregularity that kept a party from a fair trial; jury or prevailing-party misconduct; accident or surprise ordinary prudence couldn't have guarded against; newly discovered evidence the moving party couldn't, with reasonable diligence, have discovered and produced at trial; the jury's manifest disregard of the court's instructions; excessive or inadequate damages given under the influence of passion or prejudice; evidence insufficient to justify the verdict or a verdict contrary to law; an objected-to legal error at trial; or any other reason traditionally recognized as grounds for a new trial. In a bench trial, the same motion lets the court reopen an entered judgment, take more testimony, amend or make new findings and conclusions, and enter a new judgment.

Rule 59(b) requires the motion within 10 days of judgment. Rule 59(c) requires affidavits supporting the motion to be served with it, gives the opposing party 10 days to serve opposing affidavits (extendable up to 30 more days by the court for good cause or by written stipulation), and lets the court permit reply affidavits. Rule 59(d) lets the court order a new trial on its own initiative, within 10 days of judgment and after notice and a hearing, for any reason that would support a party's motion, stating its grounds in the order. Rule 59(e) requires a motion to alter or amend the judgment to be served within that same 10-day window.

Frequently Asked Questions

How long does a party have to move for a new trial?

Not later than 10 days after entry of the judgment.

Can newly discovered evidence support a new-trial motion?

Yes, if the moving party couldn't have discovered and produced it at trial with reasonable diligence.

Can a court order a new trial without a party asking for one?

Yes. Rule 59(d) lets the court order a new trial on its own initiative, within 10 days of judgment and after notice and a hearing, for any reason that would support a party's motion.

Source & verification. The rule text and history citation are reproduced verbatim from the official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 59). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: motion for a new trialgrounds for new trialnewly discovered evidence new trial10 day deadline new trial motionmotion to alter or amend judgmentcourt ordered new trial on its own initiativeexcessive damages new trial