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 Virginia, the rules for altering or amending a judgment before it becomes final and appealable are similar to those in federal courts. Under Virginia's Rules of Civil Procedure, specifically Rule 1:1, a trial court retains control over its final judgment for 21 days after entry, during which time it can modify, vacate, or suspend the judgment. After this period, the judgment becomes final and can only be altered under specific circumstances, such as clerical mistakes or the discovery of new evidence that could not have been obtained with reasonable diligence before the judgment became final. Similar to Federal Rule of Civil Procedure 59(e), Virginia allows for a motion to reconsider or to set aside a judgment due to reasons like a significant change in the law, newly discovered evidence, or to prevent manifest injustice. However, the time frame to file such a motion in Virginia state courts is typically shorter than the 28 days allowed in federal courts. It's important for parties in Virginia to be aware of these time-sensitive procedures to ensure their rights to challenge a judgment are preserved.