Legal Definitions - altering or amending a judgment

Altering or Amending a Judgment

This legal term refers to the process where a trial court modifies a decision or ruling it has already issued. It typically occurs when there is a clear and significant error in the original judgment, such as an obvious mistake in applying the law or a factual inaccuracy that was overlooked. It is not an opportunity for parties to re-argue their entire case, but rather a specific mechanism for the court to correct its own identifiable and substantive mistakes to ensure the judgment is fair and accurate.

Here are a few examples:

• Example 1: Correcting a Factual Calculation Error

  Imagine a court issues a judgment in a breach of contract case, awarding a specific amount of damages to a business for lost profits. After the judgment is issued, the plaintiff's accountant reviews the court's calculations and discovers that the judge mistakenly used an incorrect annual revenue figure for one of the years in question, leading to an understated damages award.

  In this scenario, the plaintiff's attorney could file a motion to "alter or amend the judgment," pointing out the clear factual error in the calculation. If the court agrees that there was a manifest factual mistake, it can adjust the judgment to reflect the correct amount of lost profits, ensuring the judgment accurately reflects the evidence presented.

• Example 2: Rectifying a Misapplication of Law

  Consider a situation where a judge rules in a dispute over property boundaries, basing the decision on a specific local zoning ordinance. Shortly after the judgment is issued, one of the parties discovers that the zoning ordinance cited by the judge had been repealed and replaced with a new one several months prior to the trial, and the new ordinance would lead to a different outcome.

  The party could then file a motion to "alter or amend the judgment." This motion would argue that the court made a "manifest error of law" by applying an outdated statute. If the court acknowledges its mistake in applying the incorrect legal standard, it can amend the judgment to reflect the current law, potentially changing the property boundary determination.