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 Delaware, as in federal courts, the rules of civil procedure allow for a party to request the court to alter or amend its judgment under certain limited circumstances. Delaware's Court of Chancery Rule 59(e), which is similar to Federal Rule of Civil Procedure 59(e), permits a party to file a motion to alter or amend a judgment within a specified time frame after the judgment has been entered, typically 5 days for the Court of Chancery. The grounds for such a motion are generally restricted and may include situations like a significant change in the law that affects the case outcome, the discovery of new evidence that was not previously available, or the correction of a clear error or prevention of manifest injustice. It is important to note that these motions are not granted lightly and the burden is on the moving party to demonstrate that one of the limited circumstances applies. The specific rules and time limits can vary depending on the court, so it is essential to consult the local rules of the court where the judgment was entered.