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 Michigan, the rules for altering or amending a judgment before it becomes final and appealable are similar to those in federal courts, with some variations specific to the state. Under Michigan Court Rules (MCR), particularly MCR 2.612, a party may file a motion to alter or amend a judgment. This motion must generally be filed within 21 days after the entry of the judgment or order, a slightly shorter timeframe than the 28 days provided under Federal Rule of Civil Procedure 59(e). The grounds for such a motion in Michigan include a clerical mistake, a mistake arising from oversight or omission, newly discovered evidence that could not have been found with reasonable diligence, or any other reason justifying relief from the operation of the judgment. The state rules also allow for relief from judgment or order under MCR 2.611 under certain conditions, such as mistake, inadvertence, surprise, or excusable neglect; 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. An attorney can provide specific guidance on the process and likelihood of success for a motion to alter or amend a judgment in Michigan courts.