A motion for new trial is a procedure that allows the trial court to order a new trial to correct significant errors in the previous trial that prevented a party from receiving a fair trial.
In North Carolina, a motion for a new trial is governed by the North Carolina Rules of Civil Procedure, specifically Rule 59. This rule allows a party to file a motion for a new trial within 10 days after the entry of judgment. The grounds for such a motion can include errors of law occurring at the trial, misconduct by the jury or opposing party, newly discovered evidence, prejudicial irregularities in the proceedings, or any other reason that prevented the party from having a fair trial. If the court finds that any of these issues significantly affected the trial's outcome and that a new trial would likely produce a different result, it may grant the motion. The decision to grant a motion for a new trial is at the discretion of the trial court, and such decisions are subject to review by appellate courts if an appeal is filed.