What is "extrinsic fraud"

n. fraud that prevents a party from knowing their rights or from having a fair opportunity of presenting them at trial [syn: collateral fraud]

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:

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...."