Section 2.18 Amended Judgments

• Library: App Ct Prac 2015 Supp

D. (§2.18) Amended Judgments

Rule: An amended judgment is deemed a new judgment for all purposes unless the amended judgment otherwise specifies.

Rule 78.07(c) provides that a trial court may amend any judgment, whether rendered by court or jury, upon motion or in accordance with Rule 75.01. Rule 78.07(c) further provides that, “[u]nless an amended judgment shall otherwise specify, an amended judgment shall be deemed a new judgment for all purposes.” This rule ends the ambiguity concerning whether an amended judgment was a “new judgment,” subject to further after-trial motions, or merely an “amended” judgment, in which case it was final for purposes of appeal and the notice is due within ten days.

No appellate cases have construed Rule 78.07(c). Its intent, however, is to establish a bright-line rule. Unless otherwise specified in the amended judgment, therefore, either party has the right to file an authorized after-trial motion directed to the amended...