Can I Sue someone who clearly lied in a sworn deposition?

Asked almost 4 years ago - Norwich, CT

Had to settle case on an alleged injury case while building new home back in 2008. Attorney advised settling would be a lot cheaper than taking the case to court, even though we had all the evidence that the injury never happened at the site.

One of the alleged witnesses gave testimony that calls were made from the site before accident happened. We now have all cell phone records of the person claimed to have been contacted and these calls were never placed, meaning the accident couldn't have taken place on our property. We also have several other lies confirmed in this witnesses depostion.

We paid 28k between lawyer and settlement fees and I'm not happy about this. Do we have a case to sue the party for anything? We were clearly set-up by three 20 year olds looking for quick $$.

Attorney answers (1)

  1. Kimberly S. Keller

    Contributor Level 9

    Answered . Most states allow only for criminal action for false statements made under oath (i.e., perjury, conspiracy to commit perjury). If the person committing perjury was also involved in the lawsuit, you may be able to explore if your state's abuse of process action (in civil court) would encompass such a person. Also, check into the elements of proof necessary for a defamation claim in your state -- depending on the limitations (many states exclude statements made during litigation from defamation liability) and depending on what was said and how it injured you, you may be able to bring a defamation suit. I am not licensed in your district, so you should speak to an attorney licensed there and familiar with the statutory and common law there.

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