When a person is not allowed to or prohibited from being heard in a case in the court, it is called extrinsic fraud. It includes fraudulent acts in not allowing a person to understand his/her rights or collect proof in a case. Extrinsic fraud also involves destroying proof and misleading an individual. One may not understand all the aspects of extrinsic fraud and this can give rise to various questions. Given below are answers to some of the questions that are frequently asked about extrinsic fraud:
What is the statue of limitations for extrinsic fraud?
The statute of limitations on extrinsic fraud is 4 years after the wrong conviction in most cases.
An individual hacked into another persons email and tried to get information about a case filed against him/her. Can this person be sued for extrinsic fraud?
If a person hacked into another persons email account and took away information regarding a case, it may be considered to be extrinsic fraud. The person may request the judge to conduct the hearing again. If it is proved that the person hacked into the individuals computer and took away confidential information, the judge may reconsider the consent order. The person may take the issue to the same judge who heard the case. Most of the times, if it is not the same judge, the orders may not be changed. This is because the new judge may not have enough information about the case.
Can a case that was closed for 11 years be reopened in the state of Maryland?
The law of Maryland allows cases to be reopened on the grounds of extrinsic fraud. Some of the examples of extrinsic fraud are:
When a person tries to prevent another person from reaching the court
When someone makes a false promise to another person
An attorney states that he/she will represent someone in court but does not do so.
Can a person sue an attorney for malpractice if he/she finds out after almost 12 years of divorce that his/her divorce was never finalized?
Most of the times the person may be able to sue the attorney for malpractice if he/she finds out that his/her divorce case was not finalized at all after being divorced for 12 years. However, the person may have to hire another lawyer to represent him/her. If the person is able to prove that information was kept from him/her intentionally by the old attorney, then he/she can request the court to dismiss the first case on the grounds of extrinsic fraud.
Intrinsic fraud involves issues that are related to the original case. Hence, the court may not reopen the case if a person makes a claim but it is proved to be fraudulent. If the case has to be reopened, then the individual may have to file a petition with the court where the original case was fought. You may ask a lawyer if you have any questions about extrinsic fraud or need more information or legal insights into your circumstances.