What courts treat as fraud on the court
Courts use the term for misconduct aimed at the judicial process itself, such as fabricated evidence, bribery, or an officer of the court taking part in a deception. Ordinary perjury by a witness, or a party hiding a fact, is often treated as regular fraud; in federal court that carries a firmer deadline, while New York asks that the motion come within a reasonable time. In federal court, fraud on the court can support reopening a judgment without the usual deadline, which is one reason the standard is strict. New York courts have also recognized the power to impose serious sanctions, including dismissal, when a party knowingly tries to corrupt the fact-finding process, and they expect clear and convincing proof. The distinction between these categories often decides whether a request can be heard at all.
Assembling the proof
A motion based on fraud upon the court needs evidence, not suspicion. Gather the document or testimony you believe was false, along with the material that shows it was false, such as metadata, original records, or testimony from other sources. Identify when you discovered the problem, because timing matters even where the deadline is flexible. Avoid accusing opposing counsel or a witness in public or in emails, since unsupported accusations can damage your credibility with the court. Technical analysis of documents, such as forensic review of signatures or files, may be needed and should be arranged through counsel.
Choosing the right motion
In a first conversation we review the judgment, the record, and the new evidence you have. We look at whether the conduct fits fraud on the court or a more ordinary basis for relief, and which one is still available given the timing. We also consider whether a narrower remedy, such as a sanctions motion or a request to reopen discovery, would better fit the facts. If the misconduct may also be criminal, we discuss whether and how that should be raised. A well-chosen request is more likely to get a serious hearing than a broad accusation.
