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 Washington State, 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. The state's rules are similar to the Federal Rule of Civil Procedure 59(e), which permits such a motion to be filed within 28 days after the judgment is entered. The grounds for altering or amending a judgment in Washington 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. These post-trial motions are governed by the Washington State Rules of Civil Procedure (CR), particularly CR 59 and CR 60, which detail the specific requirements and time frames for filing such motions. It is important for parties to be aware of these rules and the strict timelines involved, as failing to adhere to them can result in the loss of the opportunity to challenge the judgment before it becomes final and appealable.