Legal Question in Criminal Law in California

can a person defame your character by telling lies during a deposition that resulted in your termination


Asked on 1/07/11, 5:24 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes, your character would be defamed in such a circumstance, but because the deposition is considered a court proceeding, however scurrilous and malicious and hurtful the lies may be, the liars that tell them at depositions are immune from lawsuits.

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Answered on 1/12/11, 5:51 am
Edward Hoffman Law Offices of Edward A. Hoffman

Can someone do this? Yes. Is it actionable as defamation? No.

Statements made during the course of a lawsuit -- including those made by a witness in a deposition -- are privileged and cannot support a judgment for defamation. But if the witness lied about a material issue while under oath, he can be prosecuted for perjury.

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Answered on 1/12/11, 11:30 am


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