|
Title: lying in court documents Post by: mt grl on January 13, 2014, 12:14:54 PM We received some of her discovery responses (just the admissions because if she didn't respond to those on time then it they are entered into court records as truths) and she lied on almost every response. Does anyone have experience with this? Is there a way to respond to her responses with evidence contradicting her lies?
BTW, we are very close on a settlement because her new BF dumped her and moved away from the little town she moved to in order to be with him so she wants to move again. She is alone now and is spiraling because of the new BF abandoning her. She called my SS11 on Friday morning, obviously drunk, and she had no idea it was Friday and he was on his way to school. Then she drunk dialed him again after school. She won't call for weeks, and then it will be like this for a week. Title: Re: lying in court documents Post by: Waddams on January 13, 2014, 01:09:09 PM You can have your L depose her. Ask her a bunch of questions about her lies. Then get your documentation together to proves she's lying and be ready to question her again about her lies in court. Her lies will be under oath as part of the case record after the deposition. You can then confront her about her lies at trial, prove she lied under oath, and therefore committed perjury. You basically use it to destroy her credibility as a witness.
You also have to stay squeaky clean yourself, otherwise the judge won't take anyone seriously and do his own thing. Which he might do anyway. Title: Re: lying in court documents Post by: Matt on January 15, 2014, 10:32:18 AM Yeah, that's what I did - filed a motion to have the other party deposed. Her lawyer did the same, and we were both deposed - questioned under oath for four hours each.
It worked. I had given my attorney lists of questions on each topic, and she did a good job of asking follow-up questions. I gave her signals so she knew when my wife lied, and she then asked for more specifics about that topic, to get more lies on the record and make it easier to prove she was lying. All this was recorded. That gave us a few weeks before the trial to gather evidence. Of more than 40 false statements and accusations, we picked out a dozen or so which would be easiest to prove, and my lawyer told her lawyer: "We are prepared to put your client on the stand and prove she lied under oath, if we go to trial." Her lawyer had an ethical obligation to protect her client from criminal charges, so she strongly advised her to settle, and we were able to get a good settlement the day before the trial. Talk with your lawyer - underline each false statement in the document she submitted - tell your lawyer what evidence you have or could get to prove each statement false - ask about depositions. Find out your options. |