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What are exceptions to res judicata?

There are several exceptions to the doctrine of res judicata, which prevent a case from being relitigated due to a prior judgment. These exceptions include:

1. Lack of Jurisdiction: If the court in the prior case lacked subject-matter jurisdiction or personal jurisdiction over the parties, the judgment may not be considered final and may be subject to challenge.

2. Fraud, Misrepresentation, or Duress: If a party can show that the prior judgment was obtained through fraud, misrepresentation, or duress, the judgment may be set aside.

3. Newly Discovered Evidence: If new evidence is discovered after the prior judgment that could not have been discovered with reasonable diligence before, it may be grounds to challenge the judgment.

4. Void Judgments: Judgments that are void due to a lack of subject-matter jurisdiction or due to other fundamental defects may be disregarded in subsequent proceedings.

5. Equitable Relief: In certain circumstances, a court may grant equitable relief, such as vacating a judgment, based on equitable principles like mistake, accident, or unfairness.

6. Appeal or Post-Judgment Motions: If an appeal is filed or post-judgment motions are pending, the finality of the judgment may be suspended until the appeal or motions are resolved.

7. Multiple Litigation Exception: In some jurisdictions, there may be an exception that allows relitigation of the same issue in a subsequent case if the new case arises from a different factual context or involves different parties.

It's important to note that the specific exceptions to res judicata may vary based on the jurisdiction and the circumstances of the case. If a party believes that an exception applies and wants to challenge a prior judgment, they should seek legal advice to determine their options.

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