When a party or legal representative has sworn to testify, what does the court do if that person's testimony is false?
General information · Not legal advice
Material to check
In a practice file, we read the trial record to see whether the party or legal representative actually took the oath the provision refers to, the transcript or written statement of what was said, and any ruling the court later made on a sanction.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision step by step: where a party or legal representative has sworn in the manner the preceding provision sets out and then gives false testimony, the court imposes, by a ruling, a civil fine of up to the ceiling the provision states.
Another reading notes what the provision does not say: it sets no period, names no applicant and describes no procedure or standard for reaching the finding that the testimony was false, and by its terms it reaches only the sworn party or legal representative, not other persons who testify.
Your judgment
On the papers in the file, what could show that what the sworn party said was false rather than true?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the ceiling or who it covers, or if a court decision explains what procedure the court follows before imposing the fine.