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 Montana, 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 Montana's Rules of Civil Procedure, specifically Rule 59(e), similar to the Federal Rule, a party may file a motion to alter or amend a judgment within a specified time frame after the judgment has been entered, which is generally 10 days in state court. The grounds for such a motion are typically restricted to situations where there has been a substantial change in the law that affects the case's outcome, the emergence of new evidence that could not have been previously discovered with reasonable diligence, or the prevention of manifest injustice due to a clear error. It's important for parties considering such a motion to be aware of the specific time limits and grounds for the motion as set forth in the applicable state or federal rules of civil procedure.