Are you stuck in the heat of a long family war that has turned into a probate lawsuit? The other side may be bringing up false claims and even lying under oath but what can you do to stop them? Believe it or not material misrepresentations could bring the ultimate penalty, dismissal of the other side’s entire claim! How can you get the Court to award this sanction in West Palm Beach probate lawsuits?
Sanctions
- Real probate court is not like the movies people are not being hauled off for perjury in front of a grand jury every moment.
- That being said people do lie in Court, more than you might believe.
- Often litigants complain that they have little to no option to defend against such false claims.
- This perjury lengthens the case, costs both sides money and insults the very Court and foundation of law.
- Needless to say the Court has remedies in place to sanction this type of behavior but it can be an uphill battle to prove.
- Do you have evidence that can prove the other side is lying to the Court?
- That may be grounds to strike their entire case or defense.
- One great way to hem them in is to have them testify at deposition to those facts.
- What happens when someone lies to the Court?
- That is known as a fraud upon the tribunal and as you can see, it can cause problems for the offending party.
Middleton v. Hager
- This was a standard vehicle collision case where the plaintiff may have been entitled to some money.
- The problem was they got greedy.
- Rather than being candid (i.e. honest) with the Court and opposing counsel, the Plaintiff chose to hide very relevant facts.
- For example, prior accidents.
- It should go without saying that you should not be lying to the Court or opposing counsel.
- If you think the other side is lying you need to act swiftly to get the Court to award sanctions.
- What sanctions were awarded here?
- The Court offered the ultimate sanction to the Plaintiff – she lost her entire case and it was dismissed with prejudice.
Want to learn more about sanctions in West Palm Beach?
Check out the entire case by clicking here.
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