Q: If Renewal Motion for new evidence is extrinsic fraud is a Motion to Set Aside/Vacate correct? How does it become void?
If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should ask for the Judgment to be treated? Because it seems you can't file a Motion to Void Judgment AND if you could, then why would you need the Renewal Motion on the Motion to Vacate Arbitration Award? Thank you for your time.
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A:
When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside, you must demonstrate that the fraud directly impacted the outcome.
Filing a Motion to Set Aside or Vacate the Judgment is appropriate in this context because the judgment may be considered void if the fraud is proven. However, submitting both a Renewal Motion and a separate Motion to Set Aside can be redundant. Instead, focus on the Renewal Motion to present the new evidence of fraud, which should cover the grounds for setting aside the judgment.
If you seek to have the judgment treated differently, ensure that your motion clearly outlines how the extrinsic fraud invalidates the original decision. This approach streamlines your request and strengthens your argument for overturning the arbitration award based on the fraudulent actions that affected the case outcome.
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