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 South Carolina, the rules for altering or amending a judgment before it becomes final and appealable are similar to those in federal courts. Under the South Carolina Rules of Civil Procedure, Rule 59(e) allows a party to file a motion to alter or amend a judgment within 10 days after the entry of the judgment, not including weekends and holidays. The grounds for such a motion are generally limited and may include reasons such as a clear error of law or fact, newly discovered evidence that could not have been discovered in time for a new trial motion, or an intervening change in the controlling law. These motions are typically used to ask the court to reconsider its decision before an appeal is filed. It's important to note that the time limits and grounds for such motions may vary, and an attorney can provide specific guidance based on the details of a case and the applicable law.