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 Connecticut, the rules of civil procedure allow for a court to alter or amend its judgment under certain limited circumstances, similar to the federal rules. Under Connecticut Practice Book Section 17-4, a party may file a motion to set aside a verdict or to alter or amend a judgment within 20 days after the court clerk sends notice of the decision. The grounds for such a motion are generally restricted to situations like a significant change in the law, the discovery of new evidence that could not have been found with reasonable diligence before the judgment, or the need to correct a clear error or prevent manifest injustice. In federal courts, Rule 59(e) of the Federal Rules of Civil Procedure permits a party to file a motion to alter or amend a judgment within 28 days after the entry of the judgment. The grounds for granting such a motion are typically limited to an intervening change in controlling law, new evidence that was not previously available, or the need to correct a clear error of law or fact or to prevent manifest injustice.