COLLATERAL ATTACK - When a separate
and new lawsuit is filed to challenge some aspect
of an earlier and separate case, it is called a collateral
attack on the earlier case. This is different than
an appeal, which is a challenge to some aspect of
a decision made in the same case.
Example: Sam obtains a divorce in Nevada without
properly notifying his wife, Laurie. Laurie files
a later lawsuit seeking to set aside the divorce and
start the divorce proceedings over. Laurie's case
is a collateral attack on the divorce.
The law wants judgments to be final whenever possible,
and thus collateral attacks are discouraged. Many
are filed, but usually only succeed when an obvious
injustice or unconstitutional treatment occurred in
the earlier case.
