More Categories

Rule 119.02 – Amendment of Judgment

May 13, 2021 | Family Law, Missouri

a. The court retains control over a judgment during the thirty-day period after entry of the judgment and may within that time, after giving the parties an opportunity to be heard, vacate, reopen, correct, amend or modify the judgment for good cause.
b. Not later than 30 days after entry of a judgment, the court on its own motion may order a new trial for any reason for which it might have granted a new trial upon the motion of a party. Every order entered pursuant to this Rule 119.02 b shall specify the grounds for granting a new trial.
c. The 30-day period after entry of a judgment for granting a new trial on the court’s own initiative is not shortened by the filing of a notice of appeal, but is terminated when the record on appeal is filed in the appellate court.
d. After the filing of a notice of appeal and before the filing of the record on appeal in the appellate court, the court, after the expiration of such thirty-day period, may still vacate, amend or modify the judgment upon the stipulation of the parties accompanied by a withdrawal of the appeal.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 119.02

Adopted May 20, 2009, eff. Jan. 1, 2010.

Comment

The purpose of this Rule 119.02 is to enable the court to amend or correct a judgment after entry, to make a judgment conform to the pleadings and evidence, and to reopen a judgment if additional evidence is necessary or additional circumstances exist that the court did not adequately consider when it entered the judgment.

This Rule 119.02 does not apply to a modification of a judgment based upon facts occurring subsequent to entry of the judgment, which is addressed in Rule 119.03.

.