Fraud Upon the Court is necessarily a sliding scale. When a state process allows a party to waive their own burden of proof through pre-trial election and an ex-parte action based upon fraud, it allows one party to deprive another party of rights without burden of proof. In this case the moving party need only fabricate probable cause in an ex-parte action to deprive the court of the authority to burden them with proof. In doing so, the court cannot properly function as a result of Vermont State precedent, and an accusation with "no credible factual basis " can result in irreparable harm.

Is it Unconstitutional to allow a party to make pre-trial elections that deprive another party their due process rights?

Is it Unconstitutional to allow a party to make pre-trial elections that deprive another party their due process rights?