Simple English definitions for legal terms
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Term: Motion to Alter or Amend the Judgment
Definition: A motion to alter or amend the judgment is a request made by a party to the court to correct a mistake in the judgment. This mistake could be a mistake of law or fact. The motion must be filed within ten days after the judgment is entered. It is not used to correct clerical errors in the judgment. The motion is usually used to address substantive issues regarding the judgment, such as an intervening change in the law or newly discovered evidence that was not available at trial.
Definition: A motion to alter or amend the judgment is a request made by a party to the court to correct a substantive error in the judgment. This error could be a mistake of law or fact that needs to be corrected. It is not used to correct clerical errors in the judgment. This type of error can be corrected in a motion for relief from the judgment. A motion to alter or amend the judgment must be filed within ten days after the judgment is entered. It is usually directed to substantive issues regarding the judgment, such as an intervening change in the law or newly discovered evidence that was not available at trial.
Example: If a judge makes a mistake in the judgment, a party can file a motion to alter or amend the judgment to correct the mistake. For example, if the judge mistakenly awards damages to the wrong party, the party who should have received the damages can file a motion to alter or amend the judgment to correct the mistake.
Example: Another example of when a party might file a motion to alter or amend the judgment is if there is newly discovered evidence that was not available at trial. For instance, if a witness comes forward after the trial and provides evidence that would have changed the outcome of the case, the party can file a motion to alter or amend the judgment to have the case reopened and the new evidence considered.
Explanation: These examples illustrate how a motion to alter or amend the judgment can be used to correct substantive errors in the judgment. In the first example, the mistake was a factual error that needed to be corrected. In the second example, the new evidence was a substantive issue that needed to be considered in order to render a fair judgment.