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 Missouri, the rules for altering or amending a judgment before it becomes final and appealable are similar to those in federal courts. Under Missouri's Rules of Civil Procedure, specifically Rule 78.06, a party may file a motion to alter or amend a judgment within 30 days after the judgment is entered. The grounds for such a motion are generally limited and may include reasons such as a change in the law, newly discovered evidence that could not have been timely discovered with due diligence before the judgment, or the need to correct a clear error or prevent manifest injustice. It's important for parties to be aware of these time limits and grounds for altering or amending a judgment, as failing to timely file such a motion can affect the right to appeal. An attorney can provide specific guidance on the process and likelihood of success for a motion to alter or amend a judgment in Missouri courts.