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 Utah, 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. Specifically, Utah Rule of Civil Procedure 59, which closely mirrors Federal Rule of Civil Procedure 59, permits a party to file a motion to alter or amend a judgment within 28 days after the judgment is entered. The grounds for such a motion are generally restricted to situations where there has been an intervening change in the law that affects the case's outcome, 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 prevent manifest injustice. It is important for parties considering such a motion to understand the specific requirements and limitations imposed by the rules of civil procedure, and they may wish to consult with an attorney to ensure proper adherence to these legal standards.