Revocation procedure in case of fraud

If no remedies such as appeal or cassation be more open to a ruling, the judgment becomes res judicata. This means that the judgment has become final and nothing can be done against it. However, in exceptional cases it can happen that the entire judgment is revoked. This happens, for example, if a litigant has committed fraud during court proceedings. After revocation, the proceedings are reopened.

Legal basis for revocation of court order

Revocation is regulated in the first section of title 10 Code of Civil Procedure (Rv). In the articles 382 Rv and following, states when there is fraud and under what circumstances a judgment may be revoked.

Revocation of judgment for fraud

A judgment or order can be revoked if it is based on fraud committed by the opposing party in the proceedings. Fraud is a broad term. For example, deceit occurs when a party, through a dishonest procedural attitude, prevents certain facts from coming to light in the proceedings that could have led to a favorable outcome of those proceedings for the other party. The concealment of such facts can also constitute fraud. In practice, it happens that after the conclusion of the proceedings it is revealed that a party did not tell the truth, or that it comes to light that certain documents were falsified.

Requirements revocation ruling

For revocation to occur, there must first be a final judgment. This is the case if there is no longer an ordinary remedy such as an appeal. In addition, the time limit for filing a claim or request for revocation is three months. The period starts to run after the ground for revocation has arisen and the plaintiff has become aware of it. In case the judgment is contained in a judgment, the claim for revocation is filed with a subpoena. If the ruling was made in an order, the request for revocation is instituted with a petition.

Reopening of proceedings after revocation

The court will grant the claim or request for revocation of the judgment if there is a sufficient suspicion of fraud. The proceedings will then be reopened. The parties are then given the opportunity to amend and supplement their contentions and defenses. In addition, enforcement of the contested judgment is suspended when the proceedings are reopened. Finally, if the court comes to a different verdict after reopening, it renders another verdict revoking the contested verdict.

Not every lie leads to revocation

Of note, however, is that it is not enough that untruths were told or false documents were brought into the proceedings. Revocation requires that if those falsehoods had not been told and those documents had not been brought into the proceedings, the judge would have reached a different verdict. What is important, therefore, is that the judgment or decree, actually rests on the deception that was committed.

Conclusion

Revocation is a special remedy that can be used when there is a suspicion of fraud. Proceedings are reopened due to the granting of a claim or request for revocation. When there is a justified suspicion of, for example, withholding documents or falsification of documents or witness statements, proceedings for fraud can be reopened. The trial lawyer of Lexys Lawyers can tell you more about revocation of a judgment for fraud.