How to Amend a Legal Decision Document

There are several guiding principals when seeking an amendment to a legal decision. The first is that the rules governing the motion are prescribed by state law, which can vary procedurally from state to state, if the case has been heard in state court. The second, is that the rules of federal judicial appeal apply if the legal decision has been issued in federal court. The third is the facts requesting the amendment must be of sufficient substance to have a bearing on the final outcome of the court decision. Finally, the motion for amendment must be filed in a timely manner so that it doesn't prejudice or cause unreasonable delay to another party in the case.

• 1

  File the motion to amend, the affidavit and memorandum and order simultaneously with the court. The motion is akin to a cover letter outlining the rationale behind the motion. The affidavit includes all relevant facts and argues your case for amendment, and the memorandum is the order you are asking the judge to sign to amend the initial order. Since the affidavit is a sworn statement, it will be necessary to have the affidavit notarized.

• 2

  Submit the motion, affidavit, memorandum and order to opposing counsel. Depending on the jurisdiction, the time that opposing counsel has to reply is established statutorily, by the rules and past practices of the court or the judge.

• 3

  Respond to opposing counsel's arguments against granting the amendment by presenting written argument to the court. The judge will set a hearing date on which both sides may present their cases orally.

• 4

  Present your case before the court, citing relevant legal precedence and its immediate impact upon the case while rebutting the points raised by opposing counsel in their written arguments.

• 5

  Sign the order approved by the judge, completing your part in the amendment procedure. The amended order will be filed with the clerk of courts.