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 Mexico, 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. Specifically, Rule 1-059 NMRA (New Mexico Rules of Annotated) is similar to Federal Rule of Civil Procedure 59(e) and provides that a party may file a motion to alter or amend a judgment within 30 days after the entry of the judgment. The grounds for such a motion in New Mexico typically include a significant change in the law, the discovery of new evidence that could not have been previously obtained with reasonable diligence, or the need to correct a clear error or prevent manifest injustice. It is important for parties to be aware of these time limits and grounds for altering or amending a judgment, as they are strictly construed by the courts. An attorney can provide guidance on whether the circumstances of a case may warrant such a motion and the proper procedure for filing it.