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 New Hampshire, the rules of civil procedure allow for a court to alter or amend its judgment under certain limited circumstances, similar to the federal rules. Under New Hampshire Superior Court Rule 59, a party may file a motion to alter or amend a judgment within 10 days after its issuance. The grounds for such a motion typically include a significant change in the law, 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 in the original judgment. It's important to note that these motions are not granted lightly and are intended to correct substantial errors rather than to serve as an opportunity for a party to reargue a case. The specific time frames and grounds for altering or amending a judgment may vary slightly depending on the court's local rules and the specific circumstances of the case. An attorney can provide guidance on the likelihood of success for such a motion and the proper procedure for filing it.