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Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 88424
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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For Paul MJD alone....no hurry for an answer...thank you Dear

Resolved Question:

For Paul MJD alone....no hurry for an answer...thank you XXXXX

I spoke to you a while ago concerning my intended filing of a motion to strike a fraudulently filed affidavit or for filing for sanctions concerning that fraudulent submission. The affidavit was filed a year ago in the case and IM unsure still if I can address it at this point. You seemed to indicate that fraud can always be addressed in a case. If possible, when you come online, I have a few questions to ask about this.

Thank You
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Fran-mod replied 1 year ago.
I will notify Paul that your question is waiting. He will see it when he next checks his email.
Customer: replied 1 year ago.

thank you.

Expert:  Fran-mod replied 1 year ago.
You're very welcome.
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your new question. I apologize for the delay as I was out of town with a client matter and could not get online.

Fraud can be addressed when discovered, even if it is discovered a year later. However, if you knew it was fraudulent at the time it was filed and failed to challenge it at that time, you would need proof now that was not available to you at the time to prove that the fraud was concealed and as such you have the right to now raise the fraudulent affidavit upon discovery of the fraud.




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Customer: replied 12 months ago.

the problem is, my case is connected to the case where the fraud happened. The fraud has caused delya in both cases various times, and so it is affecting my case negatively. I have been told by two layers that I have no standing to bring up the issue, even though the cases are connected for pre-trial purposes, and the stalls caused to that case are negatively affecting my case. Two lawyers have told me I do have standing. 1) Does it sound like I have standing to address this or not?


 


2) Regardless, I am amending the complaint to add new parties. While I am at it, I wonder if i cannot address the fraud, or add it to my new complaint, as this stall caused to me has been expensive and time consuming. Is there any such allegation available- such as fraudulent interference?


 


thank you

Expert:  Law Educator, Esq. replied 12 months ago.
I do not understand why you are being told you have no standing to raise the fraud if the fraud was perpetrated in one of your cases. If the fraud was a part of one of your cases, you have standing to raise it.

You can add the fraud specifically to the new complaint since you are submitting one and you need to detail the fraud specifically in your new complaint.
Customer: replied 12 months ago.

the affidavit that I allege was fraudulent, was filed in another case that was against the same defendants over the same series of actions that led to the filing of both cases. However, the defendants had filed joint motions to consolidate the two cases, mine and the other plaintiffs, and the Judge granted this motion, and so the cases have been joined for pre-trial purposes. The fraudulent affidavit IS affecting my case, because the aftershocks of that affidavit continue to stall the joined case, as well as my own. It has happened 3 times now, as the adjoined plaintiff has had to seek new counsel, because the fraudulent affidavit had disqualified her chosen lawyer.


 


That is the basis of standing, that the fraud in that case, is negatively affecting my case, because my case is ties to that case.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for that clarification.

In order for the fraud to be pertinent in your case it had to be an affidavit filed in your case, not some other person's case, which is why you are being told you have no standing in your particular case to raise that fraud, since it does not pertain to your case. You can use the false affidavit to impeach the credibility of the defendant to show they have a propensity for fraud and attack their truthfulness of the claims and affidavits in your case, but as far as raising it as an issue in your case you cannot raise it for that purpose.

The only negative impact of the fraudulent affidavit on your case is that it is causing delays and you can use the affidavit to argue to seek to un-consolidate the cases and have your case heard separately.
Customer: replied 12 months ago.

ok, that works well then. What is such a motion called? A Motion to unconsolidate the cases?


 


also as to question number two, is there such a cause of action to add to my complaint? I assume there is not. thank you


 


 

Expert:  Law Educator, Esq. replied 12 months ago.
It would be a motion to separate the cases and you would have to argue the fraud has caused you damage based on the extraordinary delays you have experienced.

You would not add it to the complaint as it is not a cause of action as you correctly presumed. You would file the motion separately.
Law Educator, Esq., Attorney
Satisfied Customers: 88424
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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