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 Nevada, the rules for altering or amending a judgment before it becomes final and appealable are similar to the federal rules and are governed by the Nevada Rules of Civil Procedure (NRCP). Specifically, NRCP 59(e) allows a party to file a motion to alter or amend a judgment within 28 days after the court enters its judgment, aligning with the federal timeline. The grounds for such a motion in Nevada typically include a material change in the law, newly discovered evidence that could not have been discovered with reasonable diligence before the court's decision, or the need to correct a clear error or prevent manifest injustice. It is important to note that these motions are not granted lightly and are intended to correct only significant oversights or errors in the court's judgment. Parties considering such a motion should consult with an attorney to understand the specific requirements and likelihood of success in their case.