Motion to Alter or Amend a Judgment

When the motion to alter or amend a judgment is used

Timing: shortly after judgment. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment (Rule 59(e)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 59(e) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to alter or amend a judgment in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion to alter or amend a judgment procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Judgment: the court's final decision determining the rights of the parties.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a New Trial: a request that the court grant a new trial on all or some issues.
• Motion for Relief from a Judgment or Order: a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.