Legal Definitions - intrinsic fraud

Intrinsic fraud is a type of fraud that occurs during litigation when one party has the opportunity to protect themselves from their opponent's fraud but fails to do so. It is not an affirmativemisrepresentation, unlike extrinsic fraud.

For example, perjury is a classic example of intrinsic fraud. When a witness lies under oath, they know that their false testimony is the only way to support their claim or defense. The trial is their chance to prove the truth, but they choose to lie instead. If they fail to prove their case and the judgment is affirmed on appeal, they cannot use intrinsic fraud to challenge the decision.

Another example of intrinsic fraud is when a party fails to disclose important evidence that could have affected the outcome of the case. If they had the opportunity to present the evidence but chose not to, they cannot later claim intrinsic fraud to challenge the judgment.

Intrinsic fraud is different from extrinsic fraud because it cannot be used to collaterally attack a prior judgment. Extrinsic fraud involves affirmative misrepresentations or concealment of evidence that prevents a fair trial from taking place.