What is a motion to alter, amend, or vacate?
A motion to alter, amend, or vacate is a legal procedural tool used in various legal systems, particularly in the United States, to modify or cancel a judgment, decree, or order that has already been entered by a court. This motion is typically filed by a party who believes that the court made an error in its decision or that the decision is not in the best interests of justice. The purpose of this motion is to provide the affected party with an opportunity to correct the mistake or present new evidence that could change the outcome of the case.
In the United States, motions to alter, amend, or vacate are governed by Rule 59(e) of the Federal Rules of Civil Procedure and similar rules in state courts. Rule 59(e) allows a party to file a motion to alter or amend a judgment within 28 days after the entry of the judgment. This rule is designed to provide a narrow window for parties to correct errors that were made in the judgment.
Types of motions to alter, amend, or vacate
There are several types of motions to alter, amend, or vacate, each serving a different purpose:
1. Motion to alter or amend: This type of motion is used to correct errors in the judgment, such as mathematical errors, errors of law, or mistakes in the application of facts to the law.
2. Motion to vacate: This motion is used to cancel a judgment that was entered in error, such as when the court lacked jurisdiction or when the judgment was obtained through fraud or mistake.
3. Motion for reconsideration: While not a separate type of motion under Rule 59(e), a motion for reconsideration is often used to request the court to reconsider its decision based on new evidence or changes in the law.
Grounds for filing a motion to alter, amend, or vacate
To file a motion to alter, amend, or vacate, a party must establish one or more grounds for relief. Some common grounds include:
1. Clerical error: The judgment contains a mistake that can be corrected by a simple correction of the record.
2. Error of law: The court misapplied the law or made a legal error in its decision.
3. New evidence: The party has discovered new evidence that was not available at the time of trial and that could have significantly affected the outcome of the case.
4. Mistake or fraud: The judgment was obtained through fraud, mistake, or other improper means.
Procedure for filing a motion to alter, amend, or vacate
To file a motion to alter, amend, or vacate, the following steps should be followed:
1. Identify the appropriate court and jurisdiction: Determine which court has jurisdiction over the matter and the specific rules that apply to motions in that court.
2. Draft the motion: Clearly state the grounds for relief and provide a detailed explanation of the reasons why the judgment should be altered, amended, or vacated.
3. Serve the motion: File the motion with the court and serve it on all parties involved in the case.
4. Attend a hearing: Prepare to attend a hearing on the motion, where the court will consider the arguments and evidence presented by the parties.
5. Follow the court’s order: Once the court has issued its decision on the motion, comply with the court’s order and take any necessary steps to implement the changes to the judgment.
In conclusion, a motion to alter, amend, or vacate is a valuable tool for parties seeking to correct errors in a judgment or to present new evidence that could change the outcome of a case. By understanding the types of motions, grounds for relief, and the procedural requirements, parties can effectively utilize this legal tool to protect their interests and seek justice.
