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 Georgia, as in federal courts, there are rules of civil procedure that allow a party to request the court to alter or amend its judgment under certain circumstances. Under the Georgia Civil Practice Act, specifically O.C.G.A. § 9-11-59, a party may file a motion to alter or amend a judgment, which is similar to the federal rule. This motion must be filed within a specific time frame after the judgment has been entered, typically within 30 days. The grounds for such a motion in Georgia are generally limited and may include reasons such as a mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that could not have been discovered in time to move for a new trial; fraud, misrepresentation, or other misconduct by an opposing party; the judgment is void; or the judgment has been satisfied, released, or discharged. It's important to note that these post-judgment motions are not granted lightly and are subject to the court's discretion. An attorney can provide guidance on the likelihood of success for such a motion based on the specifics of the case.