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 Dakota, as in federal courts, the rules of civil procedure allow for a court to alter or amend its judgment under certain limited circumstances. Specifically, under South Dakota's codified laws, a party may file a motion to alter or amend a judgment, which is typically governed by SDCL 15-6-59(e), mirroring the Federal Rule of Civil Procedure 59(e). This state rule permits a party to request an alteration or amendment of the judgment within a specified time frame, usually 28 days after the judgment has been entered. The grounds for such a motion are generally limited and may include an intervening change in the law that affects the case's outcome, the discovery of new evidence that was not previously available, or the prevention of a clear error or manifest injustice. It is important for parties to be aware of these rules and the strict time limits for filing such motions, as failing to adhere to them can result in the loss of the opportunity to have the judgment altered or amended.