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 Pennsylvania, the rules of civil procedure allow for a court to alter or amend its judgment under certain limited circumstances, similar to the federal rules. Under Pennsylvania Rules of Civil Procedure, specifically Rule 227.1, parties have the opportunity to file post-trial motions, including a motion to alter or amend the judgment. These motions must be filed within ten days after the decision in a non-jury trial or after the verdict in a jury trial. The grounds for such a motion can include errors of law, verdicts against the weight of the evidence, newly discovered evidence, or prejudicial errors that occurred during the trial. At the federal level, as per Federal Rule of Civil Procedure 59(e), a party may file a motion to alter or amend a judgment within 28 days after the entry of the judgment. The federal court may grant such a motion for reasons including an intervening change in controlling law, new evidence that was not previously available, or the need to correct a clear error of law or prevent manifest injustice. Both state and federal courts require that these motions be made promptly and are based on specific, substantive grounds.