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 Massachusetts, the rules of civil procedure allow for a party to file a motion to alter or amend a judgment under certain circumstances, similar to the federal rules. Under Massachusetts Rules of Civil Procedure Rule 59(e), a party has ten days after the entry of judgment to file such a motion. The grounds for altering or amending a judgment typically include an error of law, newly discovered evidence that could not have been previously obtained with reasonable diligence, or to prevent manifest injustice. The state courts, like federal courts, have discretion in deciding whether to grant such motions, and they are generally intended to correct clear errors, not to introduce new arguments or re-litigate matters already considered. It's important to note that the specific time frames and grounds for such motions may vary, and an attorney can provide guidance on the current law and how it may apply to a particular case.