Independent Action
/ɪnˈdɪpəndənt ˈækʃən/
Definitions
- (n.) A separate lawsuit filed by a party in a case to address an issue not resolved by the initial judgment, often to set aside or alter the judgment due to fraud or newly discovered evidence.
The defendant filed an independent action to challenge the enforcement of the prior judgment.
See also
Commentary
Independent actions are exceptional remedies used to avoid the strictures of res judicata when proper grounds, such as fraud, exist.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.