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Re: marjac post# 337944

Saturday, 05/01/2021 2:36:27 AM

Saturday, May 01, 2021 2:36:27 AM

Post# of 425836
Marjac
I agree entirely with you that she has been incorrect to rule that this was not a timely application
The earliest point in time to have made the application must be from the point where the fraud or the mistake was revealed - up to a point of12 months after the judgement - for after that point in time no such application can be made - the civil procedures set this as the cut off point in time
Now if the fraud and mistake were known a month after the judgement - but were not litigated until 364 days later then there could be a basis to find it was not timely (even then it would be the circumstances that dictate )

Timely is dictated with a 12 month cut off point after judgement but does not apply until the obviousness of what is asserted became known where the court has ruled based upon to serious error or fraud
Alm
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