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 Nebraska, the rules of civil procedure allow for a court to alter or amend its judgment under certain circumstances, similar to the federal rules. Under Nebraska's District Court Rules of Procedure, a party may file a motion to alter or amend a judgment, typically within ten days after the judgment is rendered. The grounds for such a motion are generally limited and may include reasons such as a mistake, newly discovered evidence that could not have been previously obtained with reasonable diligence, or an error of law that affects the outcome of the case. Like the Federal Rule of Civil Procedure 59(e), these motions are a means to request the court to reconsider its judgment before it becomes final and appealable. However, the specific time frames and grounds for such motions may vary, and it is essential to consult the current state statutes and local court rules for precise guidance.