ADSOFT Posted October 19, 2010 Report Share Posted October 19, 2010 I have found a couple of times during the procedings of my trial that the attorney has purjured himself. How can I bring this up in court and either have the case dismiss, get sanctions against the attorney, sue for purjury, or bring a complaint against the attorney to BAR(or who ever is in charge of regulating the behavior of attorneys: disBarred??). Link to comment Share on other sites More sharing options...
willingtocope Posted October 19, 2010 Report Share Posted October 19, 2010 What proof do you have? Remeber, if it isn't in writing or recorded, it didn't happen. Link to comment Share on other sites More sharing options...
jq26 Posted October 19, 2010 Report Share Posted October 19, 2010 Two different things. First, you admit the evidence that shows the attorney is a liar. That will undermine any testimony by the attorney. Hopefully you will win your case (assuming a critical element of the case relies on testimony).Then I'd write a letter to the bar. Provide a transcript and your evidence he is lying. Your state bar will investigate. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 19, 2010 Report Share Posted October 19, 2010 Also remember you have to prove that he/she knowingly told a lie, which is basically next to impossible. Link to comment Share on other sites More sharing options...
ADSOFT Posted October 19, 2010 Author Report Share Posted October 19, 2010 What proof do you have? Remeber, if it isn't in writing or recorded, it didn't happen.1) I sent the plaintiff's lawyer a BOP; Served him although it's not neccesary, it was a step prior to full discovery. Now he states I have never done anything or communicated with is office. I got a typed paper with an account number and balance. Asked for Proof of ownership of bill,itemized bill, Contract/agreement, witness.2) Court ordered plaintiff to send me a notice of a hearing and I never recieved(have court document). Now wants my answer ommited and get a default since I didn't pay sanctions of $240 bucks. At the last hearing, 10/6, the judge called in sick and we had a Case Management Hearing set for 12/83) Plaintiff is asking for answer to be ommitted and for default judgement since I didn't pay sanctions (which I was planning to have reversed since I wasn't notified of hearing). ... which is obviously a lie since I answered interrogatories, sent BOP and was never served on Hearing for sanctions.???? Link to comment Share on other sites More sharing options...
KentWA Posted October 19, 2010 Report Share Posted October 19, 2010 I have to ask this since it has not been addressed. Is the lawyer providing testimony? This is improper and you should pop up in your best Jack McCoy impersonation and tell the judge "Objection, is counsel providing testimony". If it is pleading papers that are not stating the proper facts then you should refute the statements and provide proof. You do not want to say that he is lying or purjuring himself. Rather proffesionally state that the other side is mis-stating the facts and provide proof positive. Link to comment Share on other sites More sharing options...
KentWA Posted October 19, 2010 Report Share Posted October 19, 2010 Ah Ha, we posted at the same time.I always send everything to opposing counsel via certified mail for this very reason.Object to his motion and state that counsel is mistating the facts that you have in fact served him with a BOP and other pleading and provide your CMRR as an exhibit. Also fill out an affidavit that you have not received the notice from him and you seek a cotinuance to properly respond. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted October 19, 2010 Report Share Posted October 19, 2010 1) I sent the plaintiff's lawyer a BOP; Served him although it's not neccesary, it was a step prior to full discovery. Now he states I have never done anything or communicated with is office. I got a typed paper with an account number and balance. Asked for Proof of ownership of bill,itemized bill, Contract/agreement, witness.2) Court ordered plaintiff to send me a notice of a hearing and I never recieved(have court document). Now wants my answer ommited and get a default since I didn't pay sanctions of $240 bucks. At the last hearing, 10/6, the judge called in sick and we had a Case Management Hearing set for 12/83) Plaintiff is asking for answer to be ommitted and for default judgement since I didn't pay sanctions (which I was planning to have reversed since I wasn't notified of hearing). ... which is obviously a lie since I answered interrogatories, sent BOP and was never served on Hearing for sanctions.I do not see any perjury in here at all. Link to comment Share on other sites More sharing options...
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