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 Ohio, the rules of civil procedure allow for a court to alter or amend its judgment under certain circumstances, similar to the federal rules. Under Ohio Rules of Civil Procedure Rule 59(E), a party may file a motion to alter or amend a judgment within 28 days after the judgment has been entered. The grounds for such a motion are generally limited and may include reasons such as a significant change in the law that affects the case's outcome, the discovery of new evidence that could not have been found with reasonable diligence before the court's decision, or the prevention of manifest injustice due to a clear error in the initial judgment. It is important to note that these motions are not granted lightly and are subject to the court's discretion. An attorney can provide guidance on whether such a motion is appropriate and the likelihood of success based on the specifics of the case.