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 Wisconsin, the rules for altering or amending a judgment before it becomes final and appealable are similar to those in federal courts, with some state-specific variations. Under Wisconsin Statutes Section 805.16, a party may file a motion to alter or amend a judgment within a specified time frame, which is generally 20 days after the judgment is entered. The grounds for such a motion are typically limited to reasons such as a mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that could not have been previously obtained with reasonable diligence; fraud, misrepresentation, or other misconduct of an adverse party; the judgment is void; the judgment has been satisfied, released, or discharged; or any other reason justifying relief from the operation of the judgment. Additionally, Wisconsin courts may also consider whether there has been a clear error or manifest injustice when deciding whether to alter or amend a judgment. It is important for parties to be aware of these rules and the strict time limits for filing such motions, as failing to act within the prescribed time frame can result in the loss of the opportunity to seek such relief.