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 Rhode Island, 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. Similar to the Federal Rule of Civil Procedure 59(e), Rhode Island has provisions under its own civil procedure rules that permit such actions. A party may file a motion to alter or amend a judgment if they believe there has been a mistake, newly discovered evidence, an intervening change in the law, or to prevent manifest injustice. The time frame to file such a motion in Rhode Island state courts is typically short, often within 10 days after the judgment has been entered, as specified in the Rhode Island Rules of Civil Procedure. It is important for parties to act promptly and to provide a valid legal basis for the request, as the courts generally have discretion in deciding whether to grant such motions.