1 Lawyer Answer
John Toby Schreiber
John Toby Schreiber
  • Appeals & Appellate Lawyer
  • Benicia, CA
  • Licensed in California

A: Extrinsic fraud or mistake is the type of fraud or mistake that prevents a party from participating in the proceedings in the trial court. An attorney (or party if unrepresented) is not provided notice of a motion hearing date or a trial date and therefore literally is unable to participate in the proceedings at that time. The other type is known as intrinsic fraud and that is based on the subject matter of the case. There, if a party makes a misleading or false statement, the other party can expose that misleading or false statement by cross-examination.

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