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 Kansas, 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. Under Kansas Statute 60-259(f), a motion to alter or amend a judgment must be filed within 28 days after the entry of the judgment. The grounds for such a motion are similar to those in the federal system and may include reasons such as a significant change in the law, the discovery of new evidence that could not have been previously obtained with reasonable diligence, or the need to correct a clear error or prevent manifest injustice. It is important to note that these motions are not granted lightly and are typically reserved for exceptional cases where the interests of justice require a change in the judgment. An attorney can provide guidance on whether a motion to alter or amend a judgment is appropriate in a specific case and the likelihood of success given the particular circumstances.