What are the legal remedies/repercussions for a lawyer who lies to a judge in his affidavit to support a motion in Civil Court?

Asked about 1 year ago - Bronx, NY

In State Supreme Court - If it can be documented that a lawyer lied in an affidavit to support his motion. What remedies should the affected party seek? Should this be reported to the disciplinary committee? or other?

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . It really depends on what you have. Many litigants believe the other side is lying to the Judge -- that is common. If you can show an outright lie on a material issue you should bring it to the Judge's attention and ask for costs. You can also file a grievance with the Disciplinary Committee. However, I find that most of these situations are not what the litigant thinks.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  2. Andrew Lawrence Weitz

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . A false statement under oath of a material facts is perjury, and is a very serious charge. But it must be a material fact. If he said, for example, that you got coffee from Starbucks when it really was dunkin donuts, that's not material in most cases, unless the issue is where you were at a particular time, etc. but, as Mr. Rothstein points out, clients usually accuse the other side of lying,and in the overwhelming majority of cases, the statements are either simply someone else's perspective of things, or not material. Be guided by your lawyer here.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You don't win the case if the opponent's lawyer lied.

    Good luck.

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