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 Illinois, the rules of civil procedure allow for a court to alter or amend its judgment under certain circumstances before the judgment becomes final and appealable. Similar to the Federal Rule of Civil Procedure 59(e), Illinois courts have provisions for post-trial motions that can be used to request the court to modify, correct, or reform a judgment. Specifically, under Illinois law, a post-judgment motion must typically be filed within 30 days of the court's judgment. The grounds for such a motion may include the discovery of new evidence that could not have been discovered before the trial with reasonable diligence, a change in the law, or the existence of errors or manifest injustice in the initial judgment. These motions are governed by the Illinois Code of Civil Procedure, and the specific rules can vary depending on the court and the type of case. It is important for parties considering such a motion to consult with an attorney to understand the specific requirements and deadlines applicable to their case.