What is the test for establishing fraud on the court?

MultiRegion, United States of America

The following excerpt is from Pizzuto v. Ramirez, 783 F.3d 1171 (9th Cir. 2015):

As an equitable rule, there is no specific set of facts that a petitioner must show. But in United States v. Estate of Stonehill, 660 F.3d 415, 44344 (9th Cir.2011), we held that fraud on the court must be established by clear and convincing evidence, id. at 443, and outlined some of the relevant considerations for distinguishing fraud on the court from other forms of fraud, id. at 444. Specifically, we do not inquire about prejudice to the party seeking to prove fraud, but rather consider whether the integrity of the judicial process was itself harmed, such that the court cannot perform its regular task of fairly adjudicating disputes. Id. Examples typically involve a scheme by one party to hide a key fact from the court and the opposing party. Id.

Other Questions


What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
How have the courts interpreted the statute of fraud in cases involving fraud claims? (MultiRegion, United States of America)
When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference? (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)
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 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)
If plaintiff files an amended complaint in this court despite the court's indication that it would likely be subject to dismissal, can the court refer to a prior pleading? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.