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 Oregon, 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. Under Oregon Rule of Civil Procedure (ORCP) 71, a party may file a motion to alter or amend a judgment, which is similar to the federal rule. The grounds for such a motion typically include a material change in the law, the discovery of new 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. The time frame for filing such a motion in Oregon state courts is generally 30 days after the entry of judgment, as specified in ORCP 64. It's important to note that these motions are not granted automatically and the burden is on the moving party to demonstrate that the criteria for altering or amending the judgment have been met.