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 North Carolina, similar to federal courts, the Rules of Civil Procedure allow for a court to alter or amend its judgment under specific circumstances. Under Rule 59 of the North Carolina Rules of Civil Procedure, a party may file a motion to have the court alter or amend its judgment within 10 days after the judgment is entered, not counting weekends or holidays. The grounds for such a motion are generally limited and may include reasons such as a significant change in the law, the discovery of new evidence that could not have been found with reasonable diligence before the court's decision, or the need to correct a clear error or prevent manifest injustice. It's important to note that these post-judgment motions are not granted lightly and are subject to strict procedural rules. The purpose of these rules is to ensure finality in litigation while still providing a mechanism to address oversights or changes that could impact the fairness of the judgment.