Extrinsic fraud is fraud that "induces one not to present a case in court or deprives one of the opportunity to be heard is not involved in the actual issues ...." It can involve fraud on the court, but is not necessarily the same.
More broadly, it is defined as:
fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud is distinguished from "intrinsic fraud," which is the fraud that is the subject of a lawsuit. —Legal Explanations website.Extrinsic fraud does not mean merely lying or perjury, nor misrepresentations, nor intrinsic fraud, nor "to matters that could have been raised during the divorce proceeding." It must involve "collateral ... circumstances" such as:
- "bribery of a judge or juror,"
- "fabrication of evidence by an attorney,"
- "preventing another party's witness from appearing,"
- "intentionally failing to join a necessary party," or
- "misleading another party into thinking a continuance had been granted...."
Read more about Extrinsic Fraud: See Also
Famous quotes containing the words extrinsic and/or fraud:
“Authors communicate with the people by some special extrinsic mark; I am the first to do so by my entire being, as Michel de Montaigne.”
—Michel de Montaigne (1533–1592)
“There exists in a great part of the Northern people a gloomy diffidence in the moral character of the government. On the broaching of this question, as general expression of despondency, of disbelief that any good will accrue from a remonstrance on an act of fraud and robbery, appeared in those men to whom we naturally turn for aid and counsel. Will the American government steal? Will it lie? Will it kill?—We ask triumphantly.”
—Ralph Waldo Emerson (1803–1882)