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 West Virginia, the rules of civil procedure allow for a court to alter or amend its judgment under certain circumstances, similar to the federal rules. Under Rule 59(e) of the West Virginia Rules of Civil Procedure, a party may file a motion to alter or amend a judgment within 28 days after the entry of the judgment. The grounds for such a motion are generally limited and may include an intervening change in controlling law, new evidence that could not have been discovered with due diligence before the judgment, or the need to correct a clear error or prevent manifest injustice. It's important for parties to be aware of these time-sensitive procedures and the limited grounds for altering or amending a judgment, as these motions are not granted lightly and are intended to correct significant issues that affect the outcome of the case.