In Part one of this continuing series “Fraud on the Court”, we discussed the definition of Fraud on the Court, how it vitiates or sets aside all orders from a court tainted by fraud on the court, and included many case law examples. https://songsunsilenced.wordpress.com/2020/09/06/fraud-on-the-court-pt-1-definitions-and-case-law/
Today we begin the first part of understanding the statute of limitations for Fraud on the Court: QUITE SIMPLY, THERE IS NO STATUTE OF LIMITATIONS FOR FRAUD ON THE COURT.
“Exceptions (To Statutes of Limitations)
U.S. jurisdictions recognize exceptions to statutes of limitation that may allow for the prosecution of a crime or civil lawsuit even after the statute of limitations would otherwise have expired. Some states stop the clock for a suspect who is not residing within the state or is purposely hiding. Kentucky, North Carolina, and South Carolina have no statutes of limitation for felonies, while Wyoming includes misdemeanors as well. However, the right to speedy trial may derail any prosecution after many years have passed.
Fraud upon the court
When an officer of the court is found to have fraudulently presented facts to impair the court’s impartial performance of its legal task, the act (known as fraud upon the court) is not subject to a statute of limitation. This mainly covers a “fraud where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.” In this regard, the U.S. Court of Appeals for the Third Circuit has stated the following:
In order to meet the necessarily demanding standard for proof of fraud upon the court we conclude that there must be: (1) an intentional fraud; (2) by an officer of the court; (3) which is directed at the court itself; and (4) in fact deceives the court.
Officer of the court in general includes any judge, law clerk, court clerk, lawyer, investigator, probation officer, referee, legal guardian, parenting-time expeditor, mediator, evaluator, administrator, special appointee, and/or anyone else whose influence is part of the judicial mechanism.“