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Does anyone know about "Fraud on the Court" -- I'm hoping to use this for an MTD

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I have a case that's been dragging along for a while.  I'm at a do-or-die stage.

 

The plaintiff is an OC -- and almost every filing they have submitted to the court has been fraudulent.

 

The very-incriminating frauds are some re-dated pieces of evidence.  Given all my counter-evidence, and a judge's glance at the ridiculous notary handwriting samples, I believe this will be easy to prove.  (Plaintiff has filed other provable lies with the court as well.)

 

I found an unpublished case in Florida between an OC and a defendant.  "US B.a.n.k . v   H.a.r.p.e.r" where the case was dismissed based on plaintiff's court-submitted fraudulent documents -- especially pointing out backdated evidence.

 

Since then, I have found some other case law in higher courts:  It appears that "fraud on the court" makes judges very angry.

 

I'm still working on finding laws for my state (u.t.a.h).

 

 

 

What are your thoughts on this kind of argument?  

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Fraud upon the court is a very serious charge, The thing about it too is if they committed fraud on the court they also committed fraud you.

If you manage to prove it, you can file a separate suit against them for fraud. I would see an attorney for a fraud case. One wrong step with a suit like this and you could find your self paying them.

Go to the local library and look in your states annotated law books and see how your state looks at fraud upon the court. It will give you what your state requires to prove it and case law.

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Thanks @BTO429.

 

I will try the library -- but I believe they are closed today.  I have been trying to get the laws nailed down online in the meantime (like I said, I'm really running out of time....we have a court date on another matter coming up...which is basically my deadline).

 

The U.tah Code government site is proving difficult for me to navigate.  I'm getting zero responses when I search for "fraud upon the court" in quotes -- and then a half-million responses when I enter it without the quotes.

 

If anyone has some research tips for me regarding any online findings, I sure could use them.  :)

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If you are having that much trouble then the library will be a good place to start. Look in the annotated state laws under fraud upon the court, also if you have time look the same thing up in American Jurisprudence 2nd if they have it. These two sources will tell you what you need to prove fraud upon the court and the case law that your state courts rely on. On line are not extremely reliable unless you go to West law or Lexis Nexis, but they require you to join and they are not cheap.......besides the judge will look in the same books you will look at in the library. Judges use Am Jur to tell them how to decide a case They have it in their chambers. They also have that state annotated in their chambers.

So if he looks in these books and you pleaded your case by what the two references say you should and used the same case law he will see that you did your research, unlike opposing council. This is why I strive to get posters to use these two sources. What better info can you use than the same sources the judges use. Most paralegals and attorneys also use the same books,

All paralegals are taught how to use these sources for their research. So are attorneys, although some forget what they are taught.

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@BTO429

 

Ok, I spent a couple of long afternoons at the law school library.  With guidance from the help desk I found lots of useful material from the AmJur2d -- but not much specified in the state code (I did find plenty of case law that outline the parameters and elements I would need to include, however).

 

In the end, I found the AmJur2d incredibly helpful; I am using it to guide my arguments.

 

What I'm interested to know is to what degree do judges defer to the AmJur2d?  Is it secondary to the state code?  It is an excellent resource for condensing court reasoning.

 

Thank you for the tip! 

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