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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-03-2016, 04:37 PM
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Default STBX counsel lying in court today - I have prove - how to bring forward ?

Hello Community...

so during a motion today, STBX's counsel outright lied during the motion claiming that STBX was now paying the insurance. I didn't have anything showing that I was still currently paying the insurance - which I am.

So now I have proof from the insurance company in the form of an email stating that yes I am the one still paying.

So STBX's counsel was lying to Judge. This has happened several times.

Someone please tell me that I can bring this to light some how. Can I show from the court record what STBX's counsel said and that she was lying ?
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Old 02-03-2016, 04:51 PM
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Did you contest it in court?

Was this topic supposed to be debated during court? Could you have reasonably been aware that you would need proof on the matter?
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Old 02-03-2016, 04:54 PM
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Next time you are in court tell the judge that at trial you plan to call your ex's lawyer as a witness as you intend to question them about the insurance .
My STBX 's lawyer lied re: serious behaviour he said one of children was engaging in plus spoke to an expert witness.

Or at court next time quote your STBX's lawyer then innocently with eyelashes batting, produce your evidence and inform the judge that the evidence seems to show there is no merit to your STBX's lawyers statement and it was done deliberately to mislead the court.
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Old 02-03-2016, 05:00 PM
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Quote:
Originally Posted by Links17 View Post
Did you contest it in court?

Was this topic supposed to be debated during court? Could you have reasonably been aware that you would need proof on the matter?
It was an ancillary topic. Yes I did contest it by way of oral submission.

In hindsight It would have been prudent to have this material.
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Old 02-03-2016, 05:02 PM
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Quote:
Originally Posted by Stillbreathing View Post
Next time you are in court tell the judge that at trial you plan to call your ex's lawyer as a witness as you intend to question them about the insurance .
My STBX 's lawyer lied re: serious behaviour he said one of children was engaging in plus spoke to an expert witness.

Or at court next time quote your STBX's lawyer then innocently with eyelashes batting, produce your evidence and inform the judge that the evidence seems to show there is no merit to your STBX's lawyers statement and it was done deliberately to mislead the court.
Thank you SB.... is the fact she said this on record somewhere ?
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Old 02-03-2016, 05:07 PM
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Keep in mind, the lawyer only knows what his client has told him and may be making the statements in good faith that his client is being truthful, especially if they have provided some kind of falsified information or documentation for their claim.
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Old 02-03-2016, 05:09 PM
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Quote:
Originally Posted by blinkandimgone View Post
Keep in mind, the lawyer only knows what his client has told him and may be making the statements in good faith that his client is being truthful, especially if they have provided some kind of falsified information or documentation for their claim.
Granted... but the lying must come to light, regardless of the source. How do I best do this ?
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Old 02-03-2016, 05:11 PM
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Blink is correct. I'd send a letter to the lawyer pointing out his error (of course attach corroborating information) - if he's a real shady character be sure to send letter registered.
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Old 02-03-2016, 07:42 PM
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If it is not the final hearing/divorce and just an interim motion, you can potentially rectify it at the divorce heearing..

This almost exact scenario happened to me and the judges at the court of appeal said it was my fault (my lawyer's actually) for not contesting it during trial.

The judge made no "error" they had 2 sides to a story and no supporting documents so they have the discretion to choose. You could have potentially asked to provide the evidence later. If judgement hasn't been rendered you can potentially ask for a reopening of the proof so you can submit the letter into evidence.

What is the financial impact of the decision.

Be better prepared, assume the judge thinks you are a liar and you need to have documentary evidence for everything - ESPECIALLY financial related issues.
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Old 02-03-2016, 09:51 PM
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This was the hardest part for me in court and kept me the busiest. Being 15 steps ahead of the other party. I spent countless nights anticipating what she could say or lie about and categorized files with documents revealing the truth. My lawyer loved it.

How to deal with the lying? I agree with Links that this won't be your last time in court.

I'd put it in your arsenal and at your subsequent hearing pull out "You honor, at a motion on ___, on page __, para___ of her materials she claimed that ___. I would hope that in the future we can save the courts time, money and confusion by presenting truthful facts to help settle this case faster. Exhibit __ outlines I actually pay the insurance and wanted to rectify this today.

Something like that.

[Edit]: I agree that a letter should also be sent to the lawyer .. you can use that as an exhibit later also.
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