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Can a judge legally deny reopening a case when plaintiff has committed perjury?

If a judge rules against you based on the testimony of a person that has committed perjury and then you appeal the decision with overwhelming evidence to rule in your favor and proof that the plaintiff and a witness perjured themselves.
Is it legal for the judge to deny reopening the case and let the plaintiff the witness get away with perjury?
What legal rights do I have?

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Attorney answers (1)

Reputation Level 6
One of the more frequent complaints judges hear post-trial/hearing is that a witness lied. I have never seen or heard of a judge re-opening a civil case on that ground. Generally, if you had "overwhelming evidence" to rule in your favor, it should have been presented at trial. It is unlikely that any court will give you a second bite at the apple.

If the judge refuses to re-open the case, you cannot present the new evidence on appeal. The appellate court is generally restricted to the record that was developed in the lower court.

Because of the short timelines for appeals and the special procedural hurdles involved in appealing, I strongly suggest you consult with an appellate attorney. I note you are in Vancouver. Is your case in Clark County or Multnomah County? I suggest contacting the Oregon State Bar Lawyer Referral Service at (503) 684-3763 to get a referral to a lawyer who will charge you $35 for an initial consultation. If in Clark County, the call the Southwest Washington Lawyer Referral Service at (360) 695-0599 (I don't know if you get a break on fees). If you are low income in Washington, call (888) 201-1014 for low income legal assistance with civil matters.

Good luck.

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