May I file a counter claim while in appeal?

UPDATED: Dec 13, 2018

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May I file a counter claim while in appeal?

Judgment has been rendered and the judgment has been appealed. The Appellate Court has scheduled the hearing. I have just received confirmation that key documents are fraudulent. May I file a counter claim? Will I loose my standing in the Appellate?

Asked on December 13, 2018 under Real Estate Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot file a counterclaim after a judgment has been rendered. IF the appeals court vacatedls the judgment and sends the case back to be re-tried, you could make a motion to the trial court to be able to add a counterclaim based on newly discovered evidence of fraud. You should also make the appeals court aware of the fraud in case it bears in their deliberations; contact their clerk's office, explain the situation, and ask for instructions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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