Legal Question in Family Law in Illinois

A default divorce trial was held and judgement entered against respondent. Respondents motion to vacate was granted. In transcript of default trial, testimony showed plaintiff's atty intentionally misled the court and plaintiff commited perjury resulting in unfavorable judgement to respondent. Can this lying to the court in default trial be used as evidence in next trial to show misconduct on part of atty and plaintiff?


Asked on 7/29/12, 10:55 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

It depends upon whether the statements related to material facts or not. Court will not on its own motion sanction either the attorney or opposing party. You will have to bring a motion under Supreme Court Rule 137.

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Answered on 7/29/12, 11:39 am


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