What is Fraud on the Court?
Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice.
Some examples of fraud on the court include:
Fraud in the service of court summons (such as withholding a court summons from a party)
Corruption or influence of a court member or official
Judicial fraud
Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process
“Unconscionable” schemes to deceive or make misrepresentations through the court system
It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean:
Fraud between the two opposing parties
Submission of fraudulent documents
Perjury or false statements by witnesses
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