Can I be charged with false statements for lying in civil court?

Can I Be Charged with False Statements for Lying in Civil Court?

Lying under oath in a civil court case can have serious consequences. While perjury charges are rare, making false statements in civil litigation can lead to various penalties. Understanding when lying crosses the line into illegal territory is crucial for any participant in a lawsuit. This article examines false statement laws and how they apply in civil court.

Perjury Laws

Perjury refers specifically to lying while under oath. The federal perjury statute, 18 U.S.C. § 1621, applies to statements made in federal court proceedings, including depositions. Most states have similar laws prohibiting perjury in state court cases.

To prove perjury, prosecutors must establish that the defendant:

• Knowingly made a false statement
• The statement was material to the case
• The defendant knew the statement was false when they made it

Merely being mistaken or forgetful is not enough to prove perjury. The government must show the defendant deliberately lied about something important to the case.

Perjury is a felony offense. If convicted in federal court, defendants face fines and up to 5 years in prison. State perjury laws carry similar penalties.

Lying in Civil Litigation

Civil suits do not lead to perjury charges as often as criminal cases. However, lying under oath in a civil case can still be illegal.

In civil litigation, depositions and trials rely heavily on testimony from parties and witnesses. Attorneys use this testimony to establish facts and make arguments. When a witness lies, it undermines the entire process.

While prosecutors rarely pursue perjury charges in civil cases, false statements can have other consequences. Opposing attorneys can seek sanctions through the court. Judges have discretion to penalize dishonest parties in various ways, such as:

• Dismissing claims or defenses
• Entering default judgment
• Paying the other side’s attorney fees
• Being held in contempt of court

Additionally, all witnesses in federal cases take an oath to tell the truth “under penalty of perjury.” 18 U.S.C. § 1621 applies to any false material statement made under oath, even in a civil case. So perjury charges are possible if a witness clearly lies about something significant.

Attorneys also have an ethical duty not to knowingly introduce false testimony. They can face professional discipline for suborning perjury.

What Constitutes a False Statement?

Merely being wrong does not necessarily make a statement false under the law. Civil litigation deals with complex factual issues. Witnesses can be honestly mistaken about events or details years after they occurred.

To face sanctions or criminal charges, the witness must knowingly lie about something material to the case. But what constitutes a “false statement” is not always clear cut.

Inaccurate or Misleading Testimony

Witnesses cannot get away with lies by using careful language. Even if their statements are technically true, intentionally misleading or deceptive testimony can be considered false.

For example, a defendant asked about his employment might truthfully state the name of his company. But omitting the fact that he owns the company could mislead the court about his income and assets. Even without directly lying, such intentional omissions could constitute false statements.

Opinions vs. Facts

Expressing opinions generally does not constitute lying under perjury laws. Witnesses may offer subjective viewpoints or interpretations of events. Exaggeration or embellishment is not necessarily illegal.

However, witnesses cannot disguise lies as opinions. Courts look at the context of the statement to determine if the witness deliberately falsified factual information.

Forgetfulness vs. Intentional Lies

Courts allow some leeway for honest mistakes. But witnesses cross a line when they intentionally lie about forgotten details.

If a witness cannot recall certain facts, they should say they do not remember rather than make up false details. Lying about forgotten facts suggests an intent to deceive the court.

Civil vs. Criminal Perjury

A common misconception holds that perjury requires proving intent to deceive “beyond a reasonable doubt,” as in criminal cases. However, civil litigation uses a “preponderance of the evidence” standard.

So in civil cases, judges and juries consider whether it is more likely than not that the witness lied intentionally. The evidence does not have to eliminate any possibility of innocence as it would in a criminal prosecution.

Defenses to Perjury

Defendants in perjury cases may argue they lacked the requisite intent to deceive the court. Some potential defenses include:

Lack of Materiality

The false statement must have been important to the case to constitute perjury. Immaterial lies generally do not have legal consequences.

Defendants may claim the false information did not affect any significant issues in the litigation. But courts often interpret materiality broadly. Any testimony influencing the fact-finder could be considered material.

Confusion or Mistake

As mentioned above, being mistaken is not illegal. Defendants may argue ambiguous questions or faulty memory caused inaccurate testimony.

However, claiming confusion or mistake is generally not a viable defense if there is evidence of intentional fabrication.

Mental State

A defendant’s mental state could negate the intent required for perjury. Evidence of mental illness or diminished capacity could undermine allegations of knowing deception.

However, the defendant must show they were unable to comprehend the nature of their false statements or the requirement to tell the truth.

Not Under Oath

Perjury applies only to statements made under oath or affirmation. That includes oral testimony at depositions and trials. It can also apply to affidavits and declarations signed under penalty of perjury.

Defendants may claim their allegedly false statements were not made under oath. But courts likely will not tolerate outright lies just because the witness had not been sworn in yet.

Bottom Line

Lying under oath is always risky, even in civil litigation. While prosecutors rarely pursue perjury charges, false testimony can result in significant sanctions. At minimum, dishonest witnesses sacrifice credibility and undermine their own case.

With careful preparation and truthful testimony, parties and attorneys can avoid allegations of false statements. But participants in civil litigation should understand the potential consequences of getting caught in a lie on the witness stand.