Remedy Against Fraudulent Judgments

The aggrieved party must file an application to the Supreme Court within sixty days:
- For judgments since August 13, 1898, but before the Act’s passage, provided the judgment is not fully executed.
- From the time the party first becomes aware of the judgment if rendered after the Act’s passage.

The petition must:
- State the fact of the judgment’s rendition.
- Detail the circumstances constituting fraud, accident, mistake, or excusable negligence.
- Pray for reversal and setting aside of the judgment and determination of the cause on the merits.
Upon filing, the Supreme Court shall:
- Order reasonable notice be served to the adverse party.
- Schedule a hearing date for the parties to present evidence orally.
The petition will be summarily heard on the merits without further pleadings.

If the Court finds the petition’s facts true and that relief is justified:
- Judgment will be reversed and set aside where the petitioner was unjustly deprived of a hearing.
- The appeal will be granted and heard on the merits where the petitioner was prevented from appealing.
The judgment set aside shall be rendered void and without effect.

A Supreme Court judge may grant an injunction to stop enforcement of the questioned judgment.
Injunction may restrain the beneficiary of the judgment, their agents, attorneys, and the original judge from enforcement acts.
The injunction shall be served as directed by the judge.
The judge may require a bond with sufficient sureties to cover damages to the adverse party if the petition fails.
Damages incurred due to injunction and enforcement violations may be assessed and included in the final judgment.
Violating the injunction may result in imprisonment of violators and nullity of acts done in violation.

The Act is to be liberally construed, not technically, to secure the fullest right to fair trial and appeal.