Deposition Perjury

Anybody have any experience dealing with a situation where sGuest01/24/08
If I remember my rules of evidence you can review the recordGuest01/24/08
assuming it's a criminal case, file a Mo. to Dismiss on the Guest01/24/08
Typo... assuming it's a CIVIL (not criminal) case, file a MGuest01/24/08
Number of depositions I've seen where witness lied: all of tGuest01/24/08
Be careful, keep in mind its unethical to threaten a criminaGuest01/24/08
if you remember Bill Clinton's impeachment hearings, ClintonGuest01/24/08
If someone crashes their car into me in the middle of nowherGuest01/24/08
What do you mean pursue a perjury charge? If you mean crimiGuest01/24/08
So a witness lied at a deposition. Big deal. If you have thGuest01/24/08
Ok, been there. Let's assume the perjury is harmless. Are yGuest01/24/08
Yes, lots of DAs are really just PANTING to put their convicGuest01/24/08
If you win the trial because the witness credibility is shotGuest01/24/08
Hey Venceremos other posts indicate your a SJU grad. If so wGuest01/24/08
How about if everybody takes an oath before posting here? TGuest01/24/08
....but if the "liar" is a public official, chances are theyGuest01/24/08
How can someone be exposed for perjury after lying in a depofpm81903/08/09
Author: Guest Time: December 31, 1969 - 4:59 pm Typo... unperson03/08/09
Perjury is a crime. So report it to the police, like you woubugsfuckinbunny03/09/09
People lie all the time, at depositions, during open court, GuyInGorillaSuit03/09/09
People lie all the time, at depositions, during open court, Anarchosyndicalist03/10/09
my boss occasionally mentions (to me and nobody else) that hjohn john planecrash03/10/09
And you could also run the risk of being accused of threatenAnarchosyndicalist03/10/09
my boss has made veiled threats to opposing counsel at leastjohn john planecrash03/10/09
both incidents involved opposing counsel hitting reply all tAnarchosyndicalist03/10/09
Look here, y'all, I don't do trials any more (except stupid BoobooKittyFuck03/10/09
I get that perjury is too much trouble--even in a trial--to fpm81903/12/09
"That one is ENTIRELY your boss' fault. If he wants to keep john john planecrash03/12/09
I am accused of grandlarceny for being POA for my ex's mothepresumedguilty09/12/09
Pretty much every contested hearing is going to result in SOLightBrigade09/12/09
Author: LightBrigade Time: September 12, 2009 - 12:50 pm PornMule09/12/09
When you anticipate some complex legal issue arising (usuallVenceremos09/12/09



Guest (Jan 24, 2008 - 2:49 pm)

Anybody have any experience dealing with a situation where someone commits perjury in a civil deposition - anyone ever pursue a perjury charge? Outcome?

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Guest (Jan 24, 2008 - 2:49 pm)

If I remember my rules of evidence you can review the record and if you discover the problem and admit that you "misspoke" and correct the record there is no perjury.

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Guest (Jan 24, 2008 - 2:49 pm)

assuming it's a criminal case, file a Mo. to Dismiss on the Basis of Fraud. Threshold needs to be high, though. Be sure to include a Memo. There's plenty of caselaw in most juris.

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Guest (Jan 24, 2008 - 2:49 pm)

Typo... assuming it's a CIVIL (not criminal) case,
file a Mo. to Dismiss on the Basis of Fraud. Threshold needs to be high, though. Be sure to include a Memo. There's plenty of caselaw in most juris.

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Guest (Jan 24, 2008 - 2:49 pm)

Number of depositions I've seen where witness lied: all of them.

Number of perjury indictments: none.

do the math.

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Guest (Jan 24, 2008 - 2:49 pm)

Be careful, keep in mind its unethical to threaten a criminal prosecution to gain an advantage in a civil case.

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Guest (Jan 24, 2008 - 2:49 pm)

if you remember Bill Clinton's impeachment hearings, Clinton put together a team of prosecutors to say no reasonable prosecutor would pursue a perjury charge for someone (like Bill) who had perjured himself in a civil matter. There were one or two examples at the federal level, but not much.

Best outcome -- use it to your advantage in the civil matter, forget about perjury charge unless it is part of a larger scam, like an insurance fraud ring staging accidents or something.

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Guest (Jan 24, 2008 - 2:49 pm)

If someone crashes their car into me in the middle of nowhere (fairly minor damage no evidence at scene) and there is only 1 witness who was in a field at the time watching.

If the person claims me and the witness are attempting to extort him out of money and are lying, is there any hope of me being sucessful in my claim?

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Guest (Jan 24, 2008 - 2:49 pm)

What do you mean pursue a perjury charge? If you mean criminally, well you can file a report with law enforcement or the local D.A., but I highly doubt they will follow-up or file charges. D.A.'s have a lot of discretion and just because someone wants a charge filed doesn't mean it is going to happen. I see a big fat prosecution declined memo resulting from any perjury complaint arising from a deposition.

So any threat of criminal prosecution is probably laughable to anyone receiving the threat.

As far as civilly, well I don't see that working out too well for you either. As a previous poster pointed out, everyone lies during deposition. Shit, people lie on the stand ALL THE TIME and never does a perjury prosecution result.

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Guest (Jan 24, 2008 - 2:49 pm)

So a witness lied at a deposition. Big deal. If you have the evidence to impeach them then do it at trial. If you don't then how do you know they lied. Because you client said so. Rookie. Prepare your file for trial and move on.

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Guest (Jan 24, 2008 - 2:49 pm)

Ok, been there. Let's assume the perjury is harmless. Are you saying it's ok to lie under oath? Then why bother with the oath? I've seen one or two perjury prosecutions in my legal lifetime, but they involved public officials. Maybe the bar is higher there, but sometimes impeachment at trial isn't enough.

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Guest (Jan 24, 2008 - 2:49 pm)

Yes, lots of DAs are really just PANTING to put their conviction rates on the line to prosecute a case like that against an unknown zhlub.

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Guest (Jan 24, 2008 - 2:49 pm)

If you win the trial because the witness credibility is shot then the liar screwed themselves. But the OP still hasn't told us how they know the witness lied. You need some kind of proof. By that I mean more than conflicting testimony, prior statement or testimony or some legitimate documentation. Perjury is extremely tough to prove but if the OP feels that strong about it go to the DA.

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Guest (Jan 24, 2008 - 2:49 pm)

Hey Venceremos other posts indicate your a SJU grad. If so what year?

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Guest (Jan 24, 2008 - 2:49 pm)

How about if everybody takes an oath before posting here? That way, Venceremos can join the ranks of the unknown zhlubs.

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Guest (Jan 24, 2008 - 2:49 pm)

....but if the "liar" is a public official, chances are they could be prosecuted under federal statues (which I don't remember right now). If the politcal gods want a poor bastard out of office, or if someone falls out of political favor, a perjury indictment (not even a conviction) sometimes is enough to cause a sudden resignation. OP doesn't mention the status of the liar, though.

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fpm819 (Mar 8, 2009 - 7:41 am)

How can someone be exposed for perjury after lying in a deposition and repeating the lie in a trial? The lie can be proved.

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unperson (Mar 8, 2009 - 7:46 am)

Author: Guest
Time: December 31, 1969 - 4:59 pm

Typo... assuming it's a CIVIL (not criminal) case,
file a Mo. to Dismiss on the Basis of Fraud. Threshold needs to be high, though. Be sure to include a Memo. There's plenty of caselaw in most juris.

---------------------------

how the hell do you know when a memo is required unless the judge tells you?

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bugsfuckinbunny (Mar 9, 2009 - 7:48 pm)

Perjury is a crime. So report it to the police, like you would report any other crime. Naturally, they will be unsure how to proceed, since perjury isn't a common charge. They will refer it to the local prosecutor's office for review.

If they don't review it there, go to the local prosecutor yourself and have a sit down.

Now, if it's perjury in a federal deposition, I would guess you have to go to the Feds. Good luck with that... they are busy dealing with things like terrorists, large-scale fraudsters like Bernie Madoff, and public corruption.

My guess: The local prosecutor will tell you to take it up in a contempt of court proceeding with the judge who is handling the case, UNLESS it is a very egregious lie that they told. That's what I'd do, at least.

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GuyInGorillaSuit (Mar 9, 2009 - 8:54 pm)

People lie all the time, at depositions, during open court, etc. I haven't seen anyone get prosecuted for perjury yet. The DA would just laugh.

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Anarchosyndicalist (Mar 10, 2009 - 7:12 am)

People lie all the time, at depositions, during open court, etc. I haven't seen anyone get prosecuted for perjury yet. The DA would just laugh.
____________________________________________________

Yeah, I don't know that I've ever taken a deposition where the deponent DIDN'T lie to me. No point in taking it to the DA, because they're waaaaay too busy to be bothered, and it's honestly not worth it.

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john john planecrash (Mar 10, 2009 - 7:20 am)

my boss occasionally mentions (to me and nobody else) that he could get some witness prosecuted for lying in a deposition and i just shake my head. the prosecutor you took that to would laugh in your face, especially if you were an attorney interested in a proceeding in which the person is an adverse witness.

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Anarchosyndicalist (Mar 10, 2009 - 7:23 am)

And you could also run the risk of being accused of threatening criminal proceedings to induce a civil settlement, which is a SEVERE disciplinary violation. Good luck with that.

"So is this your signature on this document?"
"Yes, that's my signature."
"So you signed this document?"
"Yes."
"So when you signed this document, did you know that all of the contents were falsified?"
"Oh, wait, THAT signature? No, that's not my signature."

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john john planecrash (Mar 10, 2009 - 7:41 am)

my boss has made veiled threats to opposing counsel at least twice (in two different cases) that he would go to bar counsel, and both times they called him on it and said he was trying to use threats to get a foothold in settlement negotiations.

both incidents involved opposing counsel hitting reply all to an email coming from this office where the client was cc'ed. when my boss said to me--both times--that the attorneys could get in trouble with bar counsel, i just, again, kinda shook my head. he is good at making mountains out of molehills.

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Anarchosyndicalist (Mar 10, 2009 - 7:48 am)

both incidents involved opposing counsel hitting reply all to an email coming from this office where the client was cc'ed. when my boss said to me--both times--that the attorneys could get in trouble with bar counsel, i just, again, kinda shook my head. he is good at making mountains out of molehills.
______________________________________________________

That one is ENTIRELY your boss' fault. If he wants to keep clients in the loop on communications, put them on a BCC. If he CC's them on an email, he has nobody to blame but himself if opposing counsel Reply All's and lets your client know what a shitty job your boss is doing.

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BoobooKittyFuck (Mar 10, 2009 - 7:59 am)

Look here, y'all, I don't do trials any more (except stupid crap for family); I write memos and appeals; but here's how we did it:

When we took a deposition (used to be all paper, now we do all video, with transcriptions) we would try to get the person to lie about stuff we had proof of. We just let the lies go by and had no reaction at all. Then, if the case went to trial (and, actually, we settled a lot), we would ask the plaintiff or the defendant the same question. If he told the truth, fine. If he lied like he did before, we would confront him with his statements in the deposition (often reading them to him or showing them to the jury) and then offer proof of his impeachment. This works great on a jury, exposing the double lie.

Never got any prosecutions or threatened any, winning the case was enough, and the satisfaction of everyone in the courtroom frowning at the big ass liar, including his lawyers.

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fpm819 (Mar 12, 2009 - 4:54 pm)

I get that perjury is too much trouble--even in a trial--to prosecute nowadays. But why can't there be some mid-range sanction--even a slap on the wrist and an acknowledgment that a person lied--if for no other reason than to discourage future lying. Why should anyone be allow to benefit from lying when the lie can be proved.

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john john planecrash (Mar 12, 2009 - 4:58 pm)

"That one is ENTIRELY your boss' fault. If he wants to keep clients in the loop on communications, put them on a BCC. If he CC's them on an email, he has nobody to blame but himself if opposing counsel Reply All's and lets your client know what a shitty job your boss is doing."

yup. i basically told him that, and i suggested he bcc clients. i wrote a letter once, which went by scan email, and he went to the secretary and moved an HR manager to the cc line and i had her move it back to the bcc line. i really dont know what is so complex about this.

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presumedguilty (Sep 12, 2009 - 10:33 am)

I am accused of grandlarceny for being POA for my ex's mother in 2004-05. I pd myself for support of my ex, our son and his mother from her funds(she contributed towards the bills) I was the only other person paying our bills. My ex and I split up in 2005. He now has sworn that mom was not of sound mind for POA and claims he did not know I had POA (he babysat our child so mom and I could go to the lawyer) and claims we never had an agreement for her to contribute. Now she is dead and cannot confirm. Do I really have to support everyone and I can't even be paid for caring for her? I helped her bathe, fed her etc. Now he and his deadbeat brother want me to pay restitution!! And a felony will make me lose my career. DA has other sworn statements from my other ex who owes me $80,000 back child support saying mom was "senile" yet he never ever met her, and a contractor who stole almost $10,000 by never doing work promised and stole $4000 worth of windows. He says he was with me when I wrote mom's check as POA for construction materials at a hardware store (he was there, but it was always my store credit card I used) Surprise they have no corresponding check! Will the DA use this at Grand Jury even though he knows it is false?

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LightBrigade (Sep 12, 2009 - 12:50 pm)

Pretty much every contested hearing is going to result in SOMEONE lying. If the plaintiff and defendant agreed on the facts then the case would have been settled at summary judgment (or there wouldn't be a case in the first place).

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PornMule (Sep 12, 2009 - 2:11 pm)

Author: LightBrigade
Time: September 12, 2009 - 12:50 pm

Pretty much every contested hearing is going to result in SOMEONE lying. If the plaintiff and defendant agreed on the facts then the case would have been settled at summary judgment (or there wouldn't be a case in the first place).

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excellent point.


No one has yet said when you have to write a memo for a case/hearing unless the judge tells you to. When do you do it sua sponte?

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Venceremos (Sep 12, 2009 - 3:02 pm)

When you anticipate some complex legal issue arising (usually some arcane evidentiary issue), a bad decision on which might hurt you, and you've got decent law in your favor.

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