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How to Stop Courtroom Liars!
Here’s how to stop courtroom liars dead in their tracks!
When someone lies in court, their nose doesn’t grow longer like Pinnochio’s. You must act to (1) detect the lie, (2) prove it is false, and (3) move the court to do something that will prevent the lie from damaging your case.
Lies aren’t always easy to detect. Most will be subtle. Hidden in a rats’ nest of confusing facts, inuendo, and inferences. If you cannot detect the lies, they’ll slip in and poison your case. Be on your toes at all times. Listen to every sentence. Analyze every response to your discovery requests. Dig for truth. Smell for rats!
Once detected, you must prove the lies are false before you can move the court to do anything about them. Simply blurting out, “That’s not true!” will not win the day. Use all your discovery tools the way our Jurisdictionary course teaches. Pin the other fellow down with admissible evidence … and don’t give up or move the court for help until you have the evidence in the record!
Once you’ve proved the lie, file a motion to show cause why your opponent should not be held in contempt of court for perjury. If you’re the plaintiff, title it “Motion to Show Cause Why Defendant Should Not be Held in Contempt for Perjury“. If you’re on the other side, it’s why the plaintiff should not be held in contempt, etc.
Your motion must set forth three elements. In order for a lie to be perjury in a civil case, it must (1) be offered under oath, (2) be false, and (3) relate to a fact that is likely to affect the outcome of the case, i.e., a “material fact”. Therefore, in your motion, state what the lie was and how it qualifies under all three elements.
Statements made by lawyers are usually not under oath, so no matter how false and damaging to your case they may be, they are not perjury. That’s why our Jurisdictionary course shows you how to stop lawyers from “testifying” and, if they insist on stating facts, how to move the court to put them under oath and allow you to cross-examine them. That will shut them up!
Statements made out of court (unless at a deposition where the witness has been sworn) cannot be perjury, because they are not made under oath.
Before the court will deem a false statement “perjury”, you must show that the statement is “wholly false” … not just fuzzy or in the “gray area” between black and white. Liars typically hedge their bets. They seldom come out with bald-faced lies. Nevertheless, you must detect the lie within the smoke-and-mirrors. You must isolate it and show where it pollutes the record.
Finally, even though a statement is clearly false, the court will be reluctant to condemn it as perjury if it doesn’t relate to a material fact, i.e., a fact that will tend to affect the outcome of the case. If a witness (or discovery response) says, “My grandmother was home at the time,” and that fact can have no bearing on the outcome of the case, it doesn’t matter whether Grandma was home or not. The statement may be false. It may even be under oath. But, if it doesn’t relate to a material fact, the court will probably refuse to do anything to fix the record for you.
When you file your Motion to Show Cause, file a “Memorandum in Support of Motion to Show Cause”. In your memorandum, cite at least three controlling cases that give the judge no wiggle room! Lies are bad business. If you let the judge turn a deaf ear, the false evidence will come back to bite you when you least want to be bitten!
As always, set your motion for hearing, schedule a court reporter, and notice the other side as our Jurisdictionary course teaches.
If you prevail at hearing, the judge will ORDER the other side to explain why they offered perjured evidence. If the other side cannot explain, the court may strike the evidence, dismiss their pleadings, send them to jail, or all of the above. Either way, you win, because you’ve shown your opponent to be a sleazy sneak!
Even if you fail to prevail at hearing, the court will be paying close attention to everything else that your opponent offers.
Either way, you win!
Jurisdictionary wants you to win.
Lies will poison your case!
It may surprise you to learn that judges seldom intervene when a witness lies or false facts are offered in response to discovery requests. Indeed, the proper thing for them to do is wait for you to do what we’re telling you here to do. Never expect a judge to help you win. They are merely referees, waiting for you to make your winning play.
Stop courtroom liars dead in their tracks!
Follow what Jurisdictionary teaches … step-by-step!
Learn how to WIN in court the Jurisdictionary way!
Frederick & Kathryn Graves
Jurisdictionary ®
We hope these weekly Tips & Tactics are helpful to you. We get a tremendous number of emails from people thanking us for them, and many of you have purchased our complete course to learn more. We just want to tell you how much we appreciate being able to share this knowledge and hope you’ll tell everyone about our course so we can get the word out more quickly and save some of you from being destroyed by the typical courtroom corruption that is the source of lawyer jokes. When you and a few million more know what it takes to control lawyers and the court we will have a much better world.
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