Legal Question in Family Law in Washington
Perjury
Hi,
What is the statute of limitation for perjury in the state of Washington?
Is there a difference in the limitation between Perjury in the first degree and Perjury in the second degree?
I didn't know if the area of law was criminal, civil or family.
The issue surrounds a divorce where one party may have perjured themselves and it was discovered by the other party until some time later. The result was a loss of custody of the child.
Thank you.
1 Answer from Attorneys
Re: Perjury
Well, there is a fairly large intervening problem with your question - namely, that there is a concept called "judicial privledge" which absolutely protects statements made (even those made under penalty of perjury) in testimony or otherwise to a court.
Sounds counterintuitive, I know.
But the remedy for testimony that is a complete fabrication is cross examination. The trial court has to make the call as to whether the deponent/witness is credible or not. The trial court is supposed to enter findings of fact based upon the trial court's assessment of the evidence.
If a litigant does not agree with the court's decision the remedy is to appeal it to the Court of Appeals.
All that said, there is a mechanism (CR60) to request the Court reconsider or vacate a decision even way after it was entered if there is new evidence that would be likely to make the Court make a different decision. This is predicated on the moving party being able to demonstrate that the new evidence was NOT available at the time of trial.
This is a serious charge you are making. A court could take it seriously, or decide that you have not made a credible case for what you are claiming.
I can't tell on the basis of what you provided only, I'd need to know a lot more.
Hope that helps. Elizabeth Powell