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Full-Text Articles in Law
Class Of 2019 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Class Of 2019 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Incoming 1L Photos (Facebooks)
Photographs of incoming law students for the St. Mary’s University School of Law, class of 2019
Fraud On The Court And Abusive Discovery, David R. Hague
Fraud On The Court And Abusive Discovery, David R. Hague
Faculty Articles
Unbeknownst to many, federal courts have the power under the Federal Rules of Civil Procedure to set aside judgments entered years earlier that were obtained by “fraud on the court.” Fraud on the court, however, can take many forms and courts and commentators agree that it is a nebulous concept. The power to set aside a judgment requires courts to strike a balance between the principles of justice and finality. A majority of courts require a showing, by clear and convincing evidence, of intentional fraudulent conduct specifically directed at the court itself. This standard is flawed. And courts that have …