Legal Question in Criminal Law in California
Witness and Defendant lie before Court and Judge, how I go to sue them.
Witness and Defendant, they are friend, but lie before court
and Judge, otherwise, Witness made false witness, I want sue him, how I can do, which department, I can present suitcase, thank you
1 Answer from Attorneys
Re: Witness and Defendant lie before Court and Judge, how I go to sue them.
You cannot bring a civil suit against someone based upon his or her testimony in court. Such testimony falls within the absolute privilege of Civil Code section 47(c), and cannot be a basis for civil liability.
Someone who intentionally gives false testimony about a material fact in a court proceeding can be charged with the crime of perjury, which carries serious penalties. However, this is a criminal proceeding brought by the state and is not the type of case which would enable you to recover damages.
If you want to seek criminal charges, you should contact your local district attorney's office. They might not prosecute, however, if they believe the testimony was not about a material fact, if they don't believe they can prove that it was false, or if they deem the case too minor and just don't have the manpower to handle all the cases they would want to bring.
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