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 Mississippi, the rules for altering or amending a judgment before it becomes final and appealable are similar to the federal rules, but with some state-specific variations. Under the Mississippi Rules of Civil Procedure, Rule 59(e) allows a party to file a motion to alter or amend a judgment within ten days after its entry, not the 28 days provided under the Federal Rule. The grounds for such a motion are generally limited to correcting clear errors, preventing manifest injustice, or addressing newly discovered evidence that could not have been discovered in time to move for a new trial under Rule 59(b). Additionally, if there has been an intervening change in the controlling law, this may also be a basis for altering or amending a judgment. It's important to note that the exact time limits and grounds for altering or amending a judgment can be subject to change, so consulting with an attorney for the most current information is advisable.