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 Tennessee, similar to federal courts, the Tennessee Rules of Civil Procedure provide mechanisms for a party to request the court to alter or amend a judgment before it becomes final. Specifically, Rule 59 of the Tennessee Rules of Civil Procedure allows a party to file a motion to alter or amend a judgment within 30 days after the entry of the judgment. The grounds for such a motion are generally limited and may include reasons such as a significant change in the law, the discovery of new evidence that could not have been obtained with reasonable diligence before the court's decision, or the need to correct a clear error or to prevent manifest injustice. It is important for parties to be aware of these time-sensitive procedures and the specific grounds required for such a motion to be considered by the court. An attorney can provide guidance on whether a motion to alter or amend is appropriate in a given case and the likelihood of success based on the circumstances.