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 Iowa, as in federal courts, there are rules of civil procedure that allow a party to request the court to alter or amend its judgment under certain limited circumstances. Specifically, Iowa Rule of Civil Procedure 1.904(2) provides a mechanism for parties to file a motion to amend or enlarge the findings or conclusions of the court, or to request a new trial. This motion must be filed within 15 days after the filing of the verdict or decision. The grounds for such a motion are similar to those in the federal system, including the discovery of new evidence that could not have been previously obtained with reasonable diligence, an error of law, or the occurrence of an event that would make the judgment unjust. It is important to note that these motions are not granted lightly and are subject to strict procedural rules. An attorney can provide guidance on the likelihood of success for such a motion and the proper procedure for filing it in the state of Iowa.