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 Texas, the rules for altering or amending a judgment before it becomes final and appealable are similar to those in federal courts but are governed by the Texas Rules of Civil Procedure. Specifically, Rule 329b provides the framework for motions to modify, correct, or reform a judgment. Parties have 30 days after the judgment is signed to file a motion for a new trial or to modify, correct, or reform a judgment. If a motion for a new trial is timely filed, the period extends to 90 days for the court to rule on the motion. The grounds for such a motion in Texas courts can include discovery of new evidence that could not have been previously obtained with due diligence, legal errors in the trial, or a judgment that is against the overwhelming weight of the evidence, which could be considered a manifest injustice. It's important to note that these rules can be complex and subject to specific procedural requirements, and an attorney can provide guidance on the appropriate use and timing of such motions.
