What is a motion for a new trial in civil litigation?

A motion for a new trial in civil litigation is a legal request that a court rehear or redecide a case. This motion is typically made by a party in a civil lawsuit who was not satisfied with the outcome of the civil trial. In North Carolina, if a motion for a new trial is granted, a new trial is ordered and the parties have the opportunity to present evidence and arguments to a jury or a judge. During a new trial, the court may also modify the original judgment and/or award additional damages to either party. Motions for a new trial are typically based on legal grounds such as newly discovered evidence, procedural errors made at trial, or newly-discovered information about a material fact. Motions for a new trial can also be based on newly-discovered mistakes in the judgment or the verdict. In North Carolina, a motion for a new trial must be brought before the court within 10 days of the judgment or within 10 days of the motion becoming available, whichever is later. There is no fee for filing a motion for a new trial in North Carolina, however, if the motion is denied, the court may impose costs and attorney’s fees. Parties must file a motion for a new trial in writing, and serve notice to the opposing parties.

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