Legal Question in Civil Litigation in Virginia

If you find out that a plaintiff in a civil suit has paid witnesses to testify for him and there is also new evidence that is material to the case that you would like to present, how would you do that? If the initial case was tried at the circuit court level, what court would have jurisdiction over the fraud on the court case? Also, what motion would you use to do this?

Asked on 1/14/11, 5:25 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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The doctrine of res judicata would likely apply to your civil case as described,

which in effect means that once a case is adjudicated, it cannot be brought back

and retried even though new and material evidence may have been subsequently discovered in the matter.

Bottom line: a plaintiff in civil court gets only "one bite of the (legal) apple", so

to speak.

Furthermore, paying witnesses to testify in a civil matter is not necessarily

improper or unethical; happens all the time. What matters is that they tell

the truth and do not perjure themselves.

Answered on 1/19/11, 5:56 pm

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