Rule 59. New trials; amendment of judgments. - North Carolina Statutes

Rule 59. New trials; amendmentof judgments.

(a)        Grounds. – A newtrial may be granted to all or any of the parties and on all or part of theissues for any of the following causes or grounds:

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

(2)        Misconduct of thejury or prevailing party;

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

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

(5)        Manifest disregardby the jury of the instructions of the court;

(6)        Excessive orinadequate damages appearing to have been given under the influence of passionor prejudice;

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

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

(9)        Any other reasonheretofore recognized as grounds for new trial.

On a motion for a new trial in anaction tried without a jury, the court may open the judgment if one has beenentered, take additional testimony, amend findings of fact and conclusions oflaw or make new findings and conclusions, and direct the entry of a newjudgment.

(b)        Time for motion. –A motion for a new trial shall be served not later than 10 days after entry ofthe judgment.

(c)        Time for servingaffidavits. – When a motion for new trial is based upon affidavits they shallbe served with the motion. The opposing party has 10 days after such servicewithin which to serve opposing affidavits, which period may be extended for anadditional period not exceeding 30 days either by the court for good causeshown or by the parties by written stipulation. The court may permit reply affidavits.

(d)        On initiative ofcourt. – Not later than 10 days after entry of judgment the court of its owninitiative, on notice to the parties and hearing, may order a new trial for anyreason for which it might have granted a new trial on motion of a party, and inthe order shall  specify the grounds therefor.

(e)        Motion to alter oramend 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 thejudgment. (1967, c. 954, s. 1.)