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 Maine, 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. Maine Rule of Civil Procedure 59(e) is similar to its federal counterpart and permits a party to file a motion to alter or amend a judgment within 10 days after its entry. The grounds for such a motion typically include an intervening change in controlling law, the availability of new evidence that could not have been previously discovered with reasonable diligence, or the need to correct a clear error of law or fact to prevent manifest injustice. It is important for parties to be aware of these time-sensitive provisions and the specific grounds required for such motions, as they provide a mechanism to address issues with a judgment before it becomes final and appealable. An attorney can provide guidance on whether these circumstances apply to a particular case and how to properly file such a motion.