Perjury. Perjury is knowingly lying under oath.If a person believes he is telling the truth, but is factually incorrect, he's neither a liar nor perjurer. If he knowingly and intentionally makes factually incorrect statements under oath, he is both a liar and perjurer. If the statement is not made under oath, he is merely a liar.
Clients often comment that opposing counsel is a 'liar' or 'perjurer.' If opposing counsel makes a factually incorrect statement, it doesn't necessarily mean he is lying. Who knows what he believes, or what his client told him' Try to stay calm when this happens. See Courtroom Etiquette.
Perjury may run rampant in divorce trials. Criminal prosecution for perjury in a civil cases is virtually non-existent. One Massachusetts Family Court judge sent cases to the district attorney ( who failed to prosecute). No one likes being lied to, especially judges. The 'jerk' factor often decides cases. Which party is the bigger jerk' Judges are human. They often like one side more than the other. Point out your spouse's perjury at trial, and he'll assume 'jerk' status.
Perjury is a criminal offense, so only the DA can prosecute someone for perjury. If you have proof of perjury file a complaint with the DA in the county in which the crime of perjury occurred.
No, Added: And in addition, they could be charged with perjury for lying under oath.
Perjury is to lying as homicide is to killing someone.
The person with the bench warrant will have to appear before the court. The person who lied may be charged with perjury.
what do I do when someone lies during deposition how do I file perjury charges
No. You have to wait until it is finalized. Otherwise it is not legal, and you could be charged with bigamy.
Someone charged with a crime, or involved in a complex civil action, or a divorce.
When someone testifies, they provide sworn evidence or testimony during a legal proceeding such as a trial or hearing. Their testimony is used to help determine the facts of the case and may influence the outcome. It is important for a witness to tell the truth while testifying to avoid potential legal consequences for perjury.
The custody issue should have been addressed in the divorce proceeding. You cannot reopen that case immediately since the court will be reviewing the same evidence. Generally, you need to wait until there is a significant change in circumstances. You should consult with the attorney who represented you in the divorce.
In situations where a spouse cannot be located or being unresponsive during the divorce process (common when one spouse does not want to go through with the proceeding) you can still get divorced. Attempt to reach your spouse in order to serve the appropriate papers and when the court is satisfied that the service was not possible a default divorce entry will be entered against your spouse.
"Plaintiff's represent the person who initiated the law suit. You can represent yourself in a court proceeding but that will not make you a lawyer. When a corporation is involved in a lawsuit, meaning they have decided to take someone to court, they are the plaintiff. In a divorce hearing, the spouse that asked for the divorce and acquired the paper work is the Plaintiff."
Not contempt BUT - If they knowingly told a lie in court - whether under oath or not - that is 'perjury' or 'attempting to pervert the course of justice' which is punishable by imprisonment !