Rules of civil procedure in state and federal courts often provide limited circumstances under which the court may alter or amend its judgment before it becomes final and appealable. Motions (requests) to alter or amend a judgment may also be referred to as requests to modify, correct, or reform a judgment.
For example, in Federal Court, under Federal Rule of Civil Procedure 59(e), the court may alter or amend its judgment if a motion is filed within 28 days after the court enters its judgment. But the grounds upon which the court may alter or amend its judgment are generally limited to circumstances such as:
• an intervening and material change in the law that impacts the outcome of the case;
• newly discovered evidence; or
• a clear error or manifest injustice.
In Alaska, the rules of civil procedure allow for a court to alter or amend its judgment under certain circumstances, similar to the federal rules. Under Alaska Civil Rule 59, a party may file a motion for a new trial or to alter or amend the judgment within 10 days after the entry of the decision. The grounds for such a motion are generally limited and may include reasons such as a significant change in the law, the discovery of new evidence that could not have been obtained with reasonable diligence before the trial, or the need to correct a clear error or prevent manifest injustice. It's important to note that the time limits and specific grounds for such motions may vary, and it is essential to consult the current Alaska Rules of Civil Procedure or an attorney for the most accurate and up-to-date information.