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 Jersey, the rules governing the procedure for altering or amending a judgment before it becomes final and appealable are similar to the federal rules, but with some state-specific nuances. Under New Jersey Court Rule 4:49-2, a party may file a motion to alter or amend a judgment within 20 days after service of the judgment, which is a slightly shorter timeframe than the 28 days provided under Federal Rule of Civil Procedure 59(e). The grounds for such a motion in New Jersey typically include reasons like a change in the law, new evidence, or the need to correct a clear error or prevent manifest injustice. It's important to note that these motions are not granted lightly and the standards for altering or amending a judgment are stringent, as courts generally favor finality in litigation. An attorney can provide specific guidance on the likelihood of success for such a motion based on the details of the case.