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Understanding the Motion to Alter or Amend the Judgment in Legal Context
Definition & Meaning
A motion to alter or amend the judgment is a formal request made to a court by a party involved in a legal case. This motion seeks to correct significant errors in the court's judgment, such as mistakes in law or fact that may have affected the outcome. It is important to note that this type of motion is not intended for correcting clerical errors, which are minor mistakes that do not change the judgment's substance.
Table of content
Legal Use & context
This motion is primarily used in civil litigation. It allows parties to address substantive issues in a judgment that may not accurately reflect the court's intent or the evidence presented. Users can often manage these motions themselves using legal templates provided by services like US Legal Forms, which are designed to assist individuals without extensive legal experience.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A plaintiff wins a case, but the judgment incorrectly states the amount of damages awarded. The defendant can file a motion to alter or amend the judgment to correct this error.
(hypothetical example) A court rules on a contract dispute, but misinterprets a key provision. The affected party may file a motion to amend the judgment to reflect the correct interpretation.
Relevant laws & statutes
Under the Federal Rules of Civil Procedure, Rule 59(e) specifically addresses motions to alter or amend a judgment. This rule outlines the procedure and time limits for filing such motions in federal court.
State-by-state differences
State
Filing Deadline
Additional Notes
California
15 days
Similar process, but longer deadline.
Texas
30 days
Allows for more extensive grounds for amendment.
New York
30 days
Must specify the grounds for the motion.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Motion for Relief from Judgment
A request to set aside or modify a judgment.
Used for clerical errors or significant changes in circumstances.
Appeal
A request to a higher court to review a lower court's decision.
Focuses on legal errors rather than substantive issues in the judgment.
Common misunderstandings
What to do if this term applies to you
If you believe there is a substantive error in a judgment that affects your case, consider filing a motion to alter or amend the judgment. Ensure you do this within the specified timeframe. You can use templates from US Legal Forms to help draft your motion. If the situation is complex or you are unsure about the process, consulting a legal professional is advisable.
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