What is the burden of proving fraud on the court?
MultiRegion, United States of America
The following excerpt is from Lowery v. Hart, CIV. NO. 2:15-1590 WBS CKD (E.D. Cal. 2016):
A party "bears a high burden in seeking to prove fraud on the court." Pizzuto v. Ramirez, 783 F.3d 1171, 1180 (9th Cir. 2015). A finding of fraud on the court involves "far more than an injury to a single litigant." Estate of Stonehill, 660 F.3d at 444 (citation omitted). "Fraud on the court requires a 'grave miscarriage of justice,' and a fraud that is aimed at the court." Appling, 340 F.3d at 780 (quoting Beggerly, 524 U.S. at 47).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
What is the government's burden of proving that each individual victim was a victim of the fraud? (MultiRegion, United States of America)
Is there any case law in which a court has found that combining two criminal convictions for fraud with one criminal conviction for fraud was a reasonable chance of success? (MultiRegion, United States of America)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden of proving that a state court's error or omission was prejudicial to a trial? (MultiRegion, United States of America)
How have courts dealt with the burden of proving that a proposed charge accurately represents the law? (MultiRegion, United States of America)
How have the courts treated prejudice in the context of a claim that the burden of proving a defendant's sanity is on the public? (MultiRegion, United States of America)
What is the burden of proving notice of fraud? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
