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 Oklahoma, 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. Oklahoma's rules are similar to the Federal Rule of Civil Procedure 59(e), which permits such a motion to be filed within 28 days after the judgment is entered. The grounds for altering or amending a judgment in Oklahoma typically include situations like a significant change in the law that affects the case's outcome, the discovery of new evidence that was not previously available, or the prevention of clear error or manifest injustice. These post-trial motions are governed by the Oklahoma Civil Procedure Code and are subject to specific procedural requirements. An attorney can provide guidance on the likelihood of success for such a motion and the appropriate procedures to follow.