Which of the following is a ground explicitly listed for a new trial?

• A. Any irregularity preventing fair trial
• B. Insufficient service of process
• C. Lack of subject matter jurisdiction
• D. Inadequate notice of appeal

Answer: (B)

A new trial in North Carolina can be granted when something in the way the case was handled at the trial compromised fairness. Rule 59 allows relief on several grounds, including irregularities in the proceedings and defects in service of process. Insufficient service of process is a procedural flaw that means the defendant wasn’t properly notified or the court didn’t have proper authority to proceed against them. Because proper service is essential to giving the defendant due process and allowing a fair opportunity to present a defense, a trial can be reopened to correct that defect.

The other options don’t fit as a valid ground for a new trial for this context: lack of subject matter jurisdiction would typically lead to dismissal or a different remedy, not a new trial; and inadequate notice of appeal concerns the appellate stage rather than ordering a fresh trial.