Warner Robins, GA
A verdict does not always end the case. When something went wrong at trial, North Carolina gives the losing side a short window to ask the judge for a do-over.
Also called: Rule 59 motion, request for a new trial
Trials are run by people, and sometimes things go wrong: a juror conceals a bias, a damages award is plainly out of proportion to the evidence, or the judge makes a legal error that affected the result. A motion for new trial is the mechanism for raising those problems with the trial court before an appeal.
The rules are specific and the deadline is short. Joshua E. Palmer, Attorney at Law treats the post-trial window as part of the case, whether we are defending a verdict or asking the court to correct one. This page explains the grounds under North Carolina Rule 59, the 10-day deadline, how the motion relates to remittitur and judgment notwithstanding the verdict, and how contributory negligence can shape a request for retrial.
It is a written request, made to the same judge who presided at trial, to vacate the verdict and hold another trial. It is not an appeal. The judge hears the motion, may consider affidavits, and decides whether one of the recognized grounds is met. If so, the judge can order a new trial on all of the issues or only on some of them.
The motion is often the first step toward an appeal. In many situations, raising the problem with the trial court and getting a ruling preserves the question for review. Even when the judge denies it, the record of the grounds and the ruling is what an appellate court will look at.
N.C. R. Civ. P. 59(a) allows a new trial for any of nine causes: an irregularity that prevented a fair trial; misconduct of the jury or the prevailing party; accident or surprise that ordinary prudence could not have guarded against; newly discovered evidence that could not have been found and produced at trial with reasonable diligence; manifest disregard by the jury of the court’s instructions; excessive or inadequate damages that appear to have been given under the influence of passion or prejudice; insufficiency of the evidence to justify the verdict or a verdict contrary to law; an error in law at trial to which the movant objected; or any other reason previously recognized as grounds for a new trial. The new trial may be granted to all or any of the parties and on all or part of the issues.
The timing is strict. The motion must be served not later than 10 days after entry of the judgment. If it rests on affidavits, they must be served with the motion, and the opposing party has 10 days to respond, which may be extended by up to 30 additional days. The court can also order a new trial on its own initiative within 10 days of judgment, with notice to the parties and a hearing, and must state its grounds.
| Type of problem | Rule 59(a) ground | Example |
|---|---|---|
| Fairness of the trial | Irregularity; misconduct of jury or prevailing party; accident or surprise | A juror researched the case online and told the others |
| New information | Newly discovered evidence | A key record surfaces after trial that could not have been found earlier |
| The verdict itself | Manifest disregard of instructions; insufficient evidence or contrary to law | The jury ignored the judge’s instruction on a defense |
| Damages | Excessive or inadequate damages from passion or prejudice | An award far out of line with the proof |
| Legal error | Error in law at trial objected to by the movant | An evidence ruling that skewed the outcome |
The judge has discretion on these motions. A ground that was not objected to at trial may be difficult to raise later.
They answer different questions. A motion for judgment notwithstanding the verdict under Rule 50(b) asks the judge to enter a different judgment because the evidence could not support the verdict; a new trial asks for the case to be retried. Rule 50 allows the two to be joined, or a new trial to be requested in the alternative, and if the court grants judgment notwithstanding the verdict it must also rule conditionally on any new trial motion. Remittitur, by contrast, is a way of handling excessive damages by offering the plaintiff a lower amount as an alternative to retrial.
A common sequence is a defense motion that argues the verdict is excessive, followed by a ruling that the damages were influenced by passion or prejudice and a new trial on damages unless the plaintiff accepts a reduction. The options turn on the facts and the judge’s discretion. Ask a lawyer which route fits before the 10-day period ends.
Many new trial motions in injury cases concern the fault issues. A plaintiff who lost on contributory negligence might argue that the verdict was contrary to the evidence or that the jury disregarded the instruction that the defendant has the burden of proof under N.C. Gen. Stat. § 1-139. A defendant who lost might argue that the jury plainly ignored evidence of the plaintiff’s negligence. North Carolina courts generally treat contributory negligence as a jury question, so judges grant these motions sparingly.
A worked example: after a verdict for a Greensboro plaintiff, the defense learns that a juror failed to disclose a prior lawsuit against a similar business. It files a motion within 10 days with an affidavit and asks for a new trial on the ground of misconduct and irregularity. The plaintiff’s lawyer responds with the voir dire transcript showing what the juror was asked. The judge decides whether the question put to the juror covered the point. Whichever side you are on, call a lawyer the day of the verdict.
Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. This glossary explains the terms he uses with clients every day, in plain English and with the North Carolina rule that applies.
Got a verdict you disagree with? Call for a free North Carolina case review today. The post-trial deadline is 10 days.
Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
We evaluate post-trial options and file within the deadline. Free North Carolina consultation, no fee unless we win.
Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of October 2026; confirm current law with an attorney before relying on it.
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