Collateral attack / Indirect Attack
A collateral attack, also called an indirect attack, is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal. Examples include habeas corpus petitions and claims that a prior judgment was invalid after the opposing party cites it for strategic advantage in a new case.
Under the principles of res judicata, an issue/claim which has already been litigated on the merits is a bar on future lawsuits, the party is collaterally estopped from raising it again. As a result, a party wishing to re-litigate an issue/claim which has already been decided on the merits must show that the initial judgment was invalid by way of a collateral attack.
Common grounds for a collateral attack include a lack of personal jurisdiction, a lack of subject matter jurisdiction, and a failure of due process in the first case. For a collateral attack, the failure of Due Process of Law is generally an inability for the party being barred to argue their side in court.
For a habeas corpus case, see Miller-El v. Dretke 545 U.S. 231 (2005).
“Void order may be attacked, either directly or collaterally, at any time” In re Estate of Steinfield, 630 N.E. 2d 801, certiorari denied, See also Steinfeld v. Hoddic, 513 U.S. 809, (Ill. 1994)
Wikipedia:
Res Judicata / Claim Preclusion does not restrict the appeals process, which is considered a linear extension of the same lawsuit as the suit travels up (and back down) the appellate court ladder. Appeals are considered the appropriate manner by which to challenge a judgment rather than trying to start a new trial. Once the appeals process is exhausted or waived, res judicata will apply even to a judgment that is contrary to law. In states that permit a judgment to be renewed, a lawsuit to renew the judgment would not be barred by res judicata, however in states that do not permit renewal by action (as opposed to renewal by scire facias or by motion), such an action would be rejected by the courts as vexatious.
There are limited exceptions to res judicata that allow a party to attack the validity of the original judgment, even outside of appeals. These exceptions—usually called collateral attacks—are typically based on procedural or jurisdictional issues, based not on the wisdom of the earlier court's decision but its authority or on the competence of the earlier court to issue that decision. A collateral attack is more likely to be available (and to succeed) in judicial systems with multiple jurisdictions, such as under federal governments, or when a domestic court is asked to enforce or recognize the judgment of a foreign court.
In addition, in matters involving Due Process of Law, cases that appear to be res judicata may be re-litigated. An example would be the establishment of a right to counsel. People who have had liberty taken away (i.e., imprisoned) may be allowed to be re-tried with a counselor as a matter of fairness.
RJ may not apply in cases involving the *England* reservation. If a litigant files suit in federal court, and that court stays proceedings to allow a state court to consider the questions of state law, the litigant may inform the state court that he reserves any federal-law issues in the action for federal court. If he makes such a reservation, RJ would not bar him from returning the case to federal court at conclusion of action in state court.
There is a declaratory judgment exception to RJ. "[A] declaratory action determines only what it actually decides and does not have a claim preclusive effect on other contentions that might have been advanced." Therefore, “a plaintiff who has lost a declaratory judgment action may also bring a subsequent action for other relief, subject to the constraint of the determinations made in the declaratory action.” This exception has been adopted in Oregon, Texas, and a number of other U.S. states.
RJ may be avoided if claimant was not afforded a full and fair opportunity to litigate the issue decided by a state court. He could file suit in a federal court to challenge the adequacy of the state's procedures. In that case the federal suit would be against the state and not against the defendant in the first suit.
RJ may not apply if consent (or tacit agreement) is justification for splitting a claim. If plaintiff splits a claim in the course of a suit for special or justifiable reasons for doing so, a judgment in that action may not have the usual consequence of extinguishing the entire claim.
However, once a case has been appealed, finality of the appellate court's decision is vindicated in that proceeding by giving effect in later proceedings involving the same matter, whether in the appellate or lower courts. This is the law of the case doctrine.