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 Louisiana, 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), Louisiana law provides mechanisms for parties to request the court to modify, correct, or reform a judgment. These requests must be made within specific time frames, which can vary depending on the type of motion and the court. The grounds for such a motion in Louisiana typically include the discovery of new evidence that could not have been obtained with due diligence before the court's decision, any change in the law that affects the outcome, or the need to correct a clear error or prevent manifest injustice. It is important for parties to be aware of these rules and the strict time limits for filing such motions, as failing to adhere to them can result in the loss of the opportunity to have the judgment altered or amended. An attorney can provide specific guidance on how to navigate these rules in Louisiana state and federal courts.