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 Colorado, the rules for altering or amending a judgment before it becomes final and appealable are similar to the federal rules and are governed by the Colorado Rules of Civil Procedure. Specifically, Rule 59 of the Colorado Rules of Civil Procedure allows a party to file a motion to alter or amend a judgment within 56 days after the entry of the judgment. The grounds for such a motion are generally limited and may include reasons such as a change in the law, newly discovered evidence that could not have been reasonably found before the trial, 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 the standards for altering or amending a judgment are stringent to maintain the finality of judgments. An attorney can provide specific guidance on the likelihood of success for such a motion in a particular case.