What is the test for a Rule 59(e) motion to amend or amend a judgment?

MultiRegion, United States of America

The following excerpt is from Lamon v. Adams, CASE NO: 1:07-cv-01390-LJO-GBC (PC) (E.D. Cal. 2011):

Cir. 2011) (quoting McDowell v. Calderon, 197 F.3d 1253, 1255 n. 1 (9th Cir.1999) (en banc) (per curiam)). But amending a judgment after its entry remains 'an extraordinary remedy which should be used sparingly.' Id. In general, there are four basic grounds upon which a Rule 59(e) motion may be granted: (1) if such motion is necessary to correct manifest errors of law or fact upon which the judgment rests; (2) if such motion is necessary to present newly discovered or previously unavailable evidence; (3) if such motion is necessary to prevent manifest injustice; or (4) if the amendment is justified by an intervening change in controlling law. Id.

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