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 Vermont, 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. Vermont Rule of Civil Procedure 59(e) is similar to its federal counterpart and permits a party to file a motion to alter or amend a judgment within 28 days after the judgment has been entered. The grounds for such a motion typically 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 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 do so in a timely manner can result in the loss of the opportunity to challenge the judgment before it becomes final and appealable. An attorney can provide guidance on whether the circumstances of a case may warrant filing a motion to alter or amend a judgment under Vermont's civil procedure rules.