Asked about 2 years ago - Fairfield, OH

If an attorney through a declaration, states, to the courts, his client "conducts no business in the U.S and do not sale cloths”, and you have evidence they do, is this Fraud Upon the Courts? This documented statement, was presented to have the case dismissed for lack of jurisdiction.

Attorney answers (1)

  1. Rixon Charles Rafter III

    Contributor Level 20


    Lawyers agree

    Answered . No. It is not a fraud upon the court if one party has evidence that goes against what another party claims. Fraud upon the court is where an officer of the court directs fraud at the "judicial machinery itself" .

    Your evidence may or may not show what you think it does.

    Keep your evidence for when the case is brought before the proper court it may be all you need to win.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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