intrinsic fraud

Discussing intrinsic fraud, the CA said it refers to "fraudulent act of the prevailing party in litigation committed outside of the trial of the case, whereby the defeated party is prevented from fully exhibiting his side of the case by fraud or deception practiced on him by his opponent, such as by keeping him away from court; by giving him a false promise of a compromise; or where the defendant never had the knowledge of the suit, being kept in ignorance by the acts of plaintiff; or where an attorney fraudulently or without authority connives at his defeat."

The hospital characterized Davidson's misconduct as "intrinsic fraud." It argued that the District Court should have ruled the Garners' motion untimely, because it was not filed within six months of the stipulated judgment entered as required by the Rules of Civil Procedure.

The question became whether the mother's false testimony or misrepresentation that the husband was the father of the child(ren) born during the marriage constituted intrinsic fraud or extrinsic fraud.