Kalamazoo, MI asked in Family Law for Michigan

Q: Hello can you use fraud on the court under the federal rule of procedure Rule 60 for a family court case?

Child support case where ex and her lawyer are submitting fraudulent evidence, lying to the court, etc

UPDATE:

I discovered many US family court cases that fraud on the court under Rule 60 was used. In Michigan Rule 60 must be verified in your jurisdiction to use it.

Regardless Michigan has its own version of the rule that can be used in family court. MCR 2.612 which is derived from GCR 1963, 538. Section 528 of the 1963 Court Rules and based on Rule 60. 2 of many MI Examples: Hugel v. Hugel, 603 N.W.2d 121, 124 (Mich. Ct. App. 1999), Kiefer v. Kiefer, 212 Mich. App. 176, 536 N.W.2d 873 (1995)

Ex Rule 60 Family Law Cases:

https://www.co.delaware.oh.us/court/domestic/forms/Domestic%20Relations%20Division%20Local%20Rules.pdf

https://www.sog.unc.edu/sites/www.sog.unc.edu/files/course_materials/Howell_FamilyLawUpdateSummer2010.pdf

Yes both are fraudulent. Our 4 lawyers personal/business state her lawyer has fraudulently submitted evidence, acted unethically, etc and will help

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: If this is a family court case, Rule 60 is not applicable. If you believe your ex and her lawyer are falsifying documents and submitting them to the court, you best be prepared to prove it at a trial or evidentiary hearing. If you can, then the court can certainly issue sanctions against your ex or her lawyer. Just be aware that you are making a serious claim, particularly against an attorney who has sworn an oath to the court. If you cannot substantiate your allegations, the judge in your case will remember it and your credibility will forever be tainted in that court.

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: MCR 2.612 deals with relief from judgments, one way of doing so is - as you correctly state - for fraud on the court. You would, of course, need to prove the fraud. I assume that at least one of the four lawyers you've spoken to, have seen your evidence, and agree with you, are willing to now file the proper motion on your behalf? If not, you should ask them why.

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