Should court permit a judgment procured through misrepresentation to bar a plenary action under Res Judicata rule?
Litigants are required to prosecute their claims seriously. Courts exist to do justice between the litigants and if a litigant fails to prosecute its claim timely and properly and winds up with an adverse judgment that should not have been entered, it is up to that litigant to act quickly to preserve his or her rights. Even a judgment obtained by fraud will be allowed to stand after some period of time. Litigants should not sleep on their rights and expect the courts to aid them after they have done nothing to help themselves.
Related Questions
- Did the district court err in applying res judicata to appellants claims of discrimination, unfair trade practices, and improper contract rescission?
- Should court permit a judgment procured through misrepresentation to bar a plenary action under Res Judicata rule?
- CAN THE COURT PERMIT REMOVAL PRIOR TO AN ORDERED PLENARY HEARING?
