10.12 Independent Action to Set Aside Judgment

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

10.12 INDEPENDENT ACTION TO SET ASIDE JUDGMENT

Under Va. Code § 8.01-428(D), the court is empowered to set aside a judgment or decree for fraud upon the court at any time. When conduct by a party or counsel prevents the "fair submission of the controversy to the court," extrinsic fraud exists, and the subsequent judgment is rendered void

[Page 823]

and may be attacked at any time. ¹⁷⁹ Va. Code § 8.01-428 is applicable to criminal proceedings. ¹⁸⁰

--------

Notes:

^[179] Peet v. Peet, 16 Va. App. 323, 326...