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 Kentucky, similar to federal courts, the state's Rules of Civil Procedure allow for a court to alter or amend its judgment under certain circumstances. Kentucky Civil Rule 59.05 mirrors the federal rule and provides that a party may file a motion to alter, amend, or vacate a judgment within 10 days after its entry. The grounds for such a motion are generally limited and include reasons such as a mistake, newly discovered evidence that could not have been timely discovered with reasonable diligence before the judgment, or any other reason justifying relief from the operation of the judgment. The purpose of these rules is to give the court an opportunity to correct errors before the judgment becomes final and to ensure fairness in the judicial process. It is important to note that these time frames and grounds are strictly adhered to, and failure to comply with them can result in the loss of the right to have the judgment altered or amended.