What is Extrinsic Fraud?

Legal Definition
Extrinsic fraud is fraud that "induces one not to present a case in court or deprives one of the opportunity to be heard [or] is not involved in the actual issues ...." It can involve fraud on the court, but is not necessarily the same.

More broadly, it is defined as:

fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit. This could include destroying evidence or misleading an ignorant person about the right to sue. Extrinsic fraud is distinguished from "intrinsic fraud," which is the fraud that is the subject of a lawsuit.

Extrinsic fraud does not mean merely lying or perjury, nor misrepresentations, nor intrinsic fraud, nor "to matters that could have been raised during the divorce proceeding." It must involve "collateral ... circumstances" such as:

  1. "bribery of a judge or juror,"
  2. "fabrication of evidence by an attorney,"
  3. "preventing another party's witness from appearing,"
  4. "intentionally failing to join a necessary party," or
  5. "misleading another party into thinking a continuance had been granted...."
-- Wikipedia
Legal Definition
the term given to the deceit that lays the groundwork for setting aside a judgement.