Legal Question in Administrative Law in California

I just went thru an administrative hearing last week. For the next few days after the hearing, I went over and over the evidence that was heard, and found where one of the main witnesses for the claimant lied. He was asked about his signature on an important document and he stated "that is not my signature. I didn't sign that, and I don't know who did"

While I was going thru the investigators report, she clearly stated that she interviewed this person on said date and he read, confirmed, and signed that document on that date meaning that that WAS his signature and he was lying while giving his testimony under oath.

Can the judge be notified of this?


Asked on 12/02/13, 2:19 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Possibly, but probably not. The procedural stance of the matter, as well as whether the proof of the false testimony is also in the record, may determine whether there is a proper way to notify the judge of your contention that the witness lied. Court rules, including rules for administrative tribunals, discourage ex-parte communications with judges. Perhaps you can file a post-hearing brief, but if the record is closed and the investigator's report isn't part of the record, you might not even be able to bring this up on appeal. If the record is still open for, say, the filing of closing briefs, this would be an opportunity to point out any discrepancy in the testimony and evidence, or to offer supplemental evidence by way of a declaration under oath attached to the brief. You should have an attorney assisting you in this.

Read more
Answered on 12/02/13, 3:03 pm


Related Questions & Answers

More Administrative Law questions and answers in California