The person was still under oath when they decided to say false things about me on events. The person said these false things on purpose knowing it to be false. What can I sue them for since things were only said in court under oath? I have proof of my documents that me and the other person both have plus I can use the hearing transcript.
It is not clear what you are claiming in damages, or how this false statement had a negative effect on you so as to warrant damages. If there is an underlying matter such as a criminal case or civil case, you should discuss this matter with the attorney who is currently representing you in the matter.
You can ask the DA to look into a perjury claim but even that is unlikely. Confirm with local counsel.
One can be criminally prosecuted by the prosecutor or held in contempt of court by the judge if one commits perjury.
One, however, cannot be sued for defamation for what one says in court. Statements made in court are absolutely privileged.
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Hi, thanks for your question.
Having a trial is about determining who is more credible, that includes testimony and other exhibits. So that is up to the judge or jury to determine.
I don't think you have a civil remedy here, as others have pointed out, since you would have to show what your damages are.
Is this a “helpful” or a “best” answer? Please mark it if it was, and I hope it was! Thank you! Nancy L. Ballast is an attorney in west Michigan, with a general practice. This legal answer does not create an attorney-client relationship. Grandrapidslaw.blogspot.com
Depending on the degree to which it can be proven that the deponent/witness intentionally did not tell the truth, this could be criminal contempt of court, or perjury. However, it could not be defamation since comments made in the course judicial proceedings are privileged from defamation liability. I suggest that you speak with your attorney about this in more detail to determine whether contempt or perjury are viable theories based on the available record, and evidence that contradicts the record. Best regards.
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