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 Alabama, the rules for altering or amending a judgment before it becomes final and appealable are similar to the federal rules, but they are governed by the Alabama Rules of Civil Procedure. Specifically, Rule 59 of the Alabama Rules of Civil Procedure allows a party to file a motion to alter, amend, or vacate a judgment within 30 days after the entry of the judgment. The grounds for such a motion are generally limited and may include reasons such as a mistake, newly discovered evidence that could not have been discovered in time for a new trial, fraud, etc. Just like in federal court, these motions are not granted lightly and are intended to correct clear errors, prevent manifest injustice, or respond to new legal developments. It's important for parties considering such a motion to consult with an attorney to understand the specific legal standards and procedural requirements that apply.