The input describes a motion to alter or amend a judgement, which is a request made by a party to the court to rectify an error in the judgement. This error can be related to either a mistake of law or fact. The motion needs to be submitted within ten days of the judgement being entered. It is not intended for correcting clerical errors in the judgement. Typically, this motion is utilised to address significant matters concerning the judgement, such as a change in the law or the discovery of new evidence that was not accessible during the trial.
A motion to alter or amend the judgement is a formal request made by a party to the court, seeking to rectify a significant error in the judgement. This error may pertain to either a mistake of law or a mistake of fact that requires correction. It is important to note that this motion is not intended for rectifying minor clerical errors in the judgement, as those can be addressed through a motion for relief from the judgement. The motion to alter or amend the judgement must be submitted within ten days after the judgement has been entered. Typically, it focuses on substantive issues related to the judgement, such as a change in the applicable law or the discovery of new evidence that was not available during the trial. For instance, if a judge makes an error in awarding damages to the wrong party, the affected party can file a motion to alter or amend the judgement to rectify the mistake. Similarly, if new evidence emerges after the trial that could have influenced the outcome of the case, a party can file a motion to alter or amend the judgement to reopen the case and consider the new evidence. These examples demonstrate how a motion to alter or amend the judgement can be utilised to correct substantive errors in the judgement. In the first example, the error was a factual mistake that required correction. In the second example, the newly discovered evidence constituted a substantive issue that needed to be taken into account in order to ensure a fair judgement.
A Motion to Alter or Amend the Judgment is a legal request made by a party to a lawsuit asking the court to change or modify its previous judgment or order.
You can file a Motion to Alter or Amend the Judgment within a specific time frame, usually within 10 to 30 days after the judgment or order was entered.
Common grounds for filing this motion include newly discovered evidence, errors in the court’s decision, or a change in circumstances that warrants a modification of the judgment.
If the court grants the motion, it may modify or change its previous judgment or order based on the arguments presented in the motion.
If the court denies the motion, the original judgment or order will remain in effect, and the party seeking the modification will need to explore other legal options, such as filing an appeal.
In most cases, you can only file one Motion to Alter or Amend the Judgment. However, there may be exceptions if new evidence or circumstances arise after the initial motion is filed.
Yes, it is crucial to provide supporting evidence or legal arguments to justify your request for a modification. This can include affidavits, expert opinions, or relevant documents.
Generally, if you miss the deadline to file a Motion to Alter or Amend the Judgment, you may lose the opportunity to request a modification. However, there may be exceptions in certain circumstances, such as fraud or excusable neglect.
Yes, the opposing party will typically have an opportunity to respond to your motion, presenting their arguments and evidence as to why the judgment or order should not be modified.
If the court denies your Motion to Alter or Amend the Judgment, you may have the option to appeal the decision to a higher court, seeking a review of the lower court’s ruling.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/motion-to-alter-or-amend-the-judgement/
- Modern Language Association (MLA):Motion To Alter Or Amend The Judgment. dlssolicitors.com. DLS Solicitors. May 20 2024 https://dlssolicitors.com/define/motion-to-alter-or-amend-the-judgement/.
- Chicago Manual of Style (CMS):Motion To Alter Or Amend The Judgment. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/motion-to-alter-or-amend-the-judgement/ (accessed: May 20 2024).
- American Psychological Association (APA):Motion To Alter Or Amend The Judgment. dlssolicitors.com. Retrieved May 20 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/motion-to-alter-or-amend-the-judgement/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts