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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102584
Experience:  Years of experience in running a medium sized law firm.
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If fraud upon the court is reported to the u s court of

Customer Question

if fraud upon the court is reported to the u s court of appeals, do they have a duty to rule on it, if so what rule or law states so.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The United States Court of Appeals for the Eighth Circuit has appellate jurisdiction, and will only hear a case if it is properly appealed. It has no duty to hear/investigate a fraud claim by itself, without an appeal. This is under Federal Rules of Appellate Procedure Title II.

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Customer: replied 9 months ago.
if fraud upon the court is practice in the court of appeals and it is pointed to by a party, don't they have a duty to atleast rule upon it, or can than neglectfully ignore it.
Expert:  Ely replied 9 months ago.
My apologies for the wait. No, the Court does not have a duty to investigate a fraud allegation. I am sorry. The Court's power is very narrowly construed to simply rule on the appeal.
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