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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32306
Experience:  Began practicing Family Law in 1992
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What is the burden of evidence is specifically needed to

Customer Question

What is the burden of evidence is specifically needed to make to prove fraud upon the court by an attorney or a party?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Are you asking what is the burden of proof in a civil case involving a fraud allegation?
Customer: replied 1 year ago.
Iam asking what is the burden of proof in a family case proving intrinsic, extrinsic fraud, and fraud upon the court.
Expert:  JD 1992 replied 1 year ago.
The burden of proof is by a preponderance of the evidence, the same as in any civil proceeding other than when you are asking for punitive damages. By a preponderance of the evidence just means "more likely than not" or "51%". There is no lessened or elevated burden due to it being fraud.