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 Arkansas, similar to federal courts, the rules of civil procedure allow for a court to alter or amend its judgment under certain circumstances. Under Arkansas Rule of Civil Procedure 59, a party may file a motion to alter or amend a judgment within 10 days after the entry of the judgment. 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 judgment, or the need to correct a clear error or prevent manifest injustice. It's important to note that these motions are not granted lightly and are subject to strict procedural rules. The time limits and grounds for altering or amending a judgment in Arkansas are similar to those in Federal Rule of Civil Procedure 59(e), but with a shorter timeframe for filing the motion.