Thursday, March 20, 2014

Perjury

Perjury is a serious problem in cases.  Mississippi Code Annotated Section 97-9-59 provides as follows:

"Every person who shall wilfully and corruptly swear, testify, or affirm falsely to any material matter under any oath, affirmation, or declaration legally administered in any matter, cause, or proceeding pending in any court of law or equity, or before any officer thereof, or in any case where an oath or affirmation is required by law or is necessary for the prosecution or defense of any private right or for the ends of public justice, or in any matter or proceeding before any tribunal or officer created by the Constitution or by law, or where any oath may be lawfully required by any judicial, executive, or administrative officer, shall be guilty of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed."

Defendant's sometimes try to say a client is lying to get a dismissal under Rule 37 of the Mississippi Rules of Civil Procedure.  This is why it is important to make sure a client quantifies many answers with to the best of their memory.  Additionally, I noticed something in the above statute.  If a person is convicted, they are incapable of being sworn for testimony purposes.  This is an interesting tidbit to know in the rare event the issue presents itself.

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