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 Minnesota, 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 Minnesota's Rules of Civil Procedure, Rule 59.01 provides similar grounds for such a motion as the federal rule. A party may seek to alter or amend a judgment if there is a material change in the law, newly discovered evidence that could not have been previously obtained with reasonable diligence, or if there is a need to correct a clear error or prevent manifest injustice. The motion must be served within a specified time after the entry of judgment, which is generally 28 days, aligning with the federal rule. It's important to note that these motions are not granted lightly and the burden is on the moving party to demonstrate a substantial reason for the court to reconsider its judgment. An attorney can provide specific guidance on the likelihood of success for such a motion based on the details of the case.