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If the plaintiff in a case perjures herself and you can openly prove it during a Civil Court Hearing, what happens?

Ancram, NY |

Is there a motion that can be raised or will she get in trouble if she openly perjure's herself in Court? I just have proof that something she said in her affidavit is a lie and if I can catch her in the lie in the courtroom...what will happen?

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Attorney answers 4

Posted

What will happen. They will look bad in front of the judge or jury. The judge is unlikely to refer it to the district attorney for prosecution. It is not an automatic win or an automatic loss. In real life, lawyers demonstrate that parties lie under oath, and it has minimal effect on the case.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Posted

Persons untrained in the law often mistake errors in court testimony for perjury. Perjury is where there is affirmative proof of a purposeful untruth on a material fact. Errors are of little concern in the legal system, even stupid self-serving errors that should not have happened, except that they may dictate the result of an individual case. Very few perjury cases are criminally prosecuted. Can you imagine the burden on the system after every case the losing party (the party that failed to credibly prove its case) were prosecuted for perjury!

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Carol Eileen Ryder

Carol Eileen Ryder

Posted

This is true. Most people, for example, think a statement "I know my son will be found Not Guilty based on the evidence" does not mean "I know he didn't do it" is perjury. Having said that, if the judge, or jury, thinks the party is a liar, that can affect the case a great deal. The j or j can decide anything coming out of that person's mouth is a lie (or at least, I have to just take the other side's word), that can have a major impact, depending on the case. Could be other evidence still supporting her side of the case, or what she lied about was not important (such as how many men she slept with).

Posted

If you can catch her in a lie it MIGHT help you win you case. That's the most likely positive outcome.

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Posted

This depends on the facts and circumstances of your case. It is very unlikely that the plaintiff would be prosecuted for perjury, but if you have evidence demonstrating that she made false statements it might help you win the case.

Note that not every lie or false statement constitutes perjury. Perjury requires proof of intent to wrongly change the outcome of a court proceeding by providing MATERIALLY false information. It is very hard to prove intent, and often the "lies" are not deemed material to the outcome of the case,