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How does one expose a lack of credibility - by affidavit ?

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  • How does one expose a lack of credibility - by affidavit ?

    Hi community,

    My stbx has been lying through her teeth and has done so in sworn affidavits and in front of a judge (so I assume its on record.).

    If this goes to trial, I would like to be able to point out this consistent lack of credibility.

    What is the best way of doing this ? I am thinking of doing the following:

    1. filing an affidavit showing what she swore was true and then attaching exhibits showing the contrary.


    I have her in about 3 whoppers that she swore were true or stated to a judge.


    I have not had my settlement conference yet.


    As always thanks.

  • #2
    Originally posted by plainNamedDad44 View Post
    Hi community,

    My stbx has been lying through her teeth and has done so in sworn affidavits and in front of a judge (so I assume its on record.).

    If this goes to trial, I would like to be able to point out this consistent lack of credibility.

    What is the best way of doing this ? I am thinking of doing the following:

    1. filing an affidavit showing what she swore was true and then attaching exhibits showing the contrary.


    I have her in about 3 whoppers that she swore were true or stated to a judge.


    I have not had my settlement conference yet.


    As always thanks.
    While perjury is a serious thing, you have to ask yourself how would it impact the trial. If, knowing the truth, the judge would have ruled differently, then it is certainly worth persuing. If it didn't have an impact, it is best to let it go.

    Comment


    • #3
      Originally posted by DowntroddenDad View Post
      While perjury is a serious thing, you have to ask yourself how would it impact the trial. If, knowing the truth, the judge would have ruled differently, then it is certainly worth persuing. If it didn't have an impact, it is best to let it go.
      It most certainly would impact I believe how a judge would rule, in my opiinion.

      I am just looking for the best way to point these lies out to the judge.

      Comment


      • #4
        I think DowntroddenDad, makes a good point. How is this info relevant to the trial, or would a judge think it's at all relevant? You would probably have to provide more info, for a better answer, if you are able to, without revealing too much info.

        Comment


        • #5
          Short answer; provide your own "more credible" affidavits.

          Comment


          • #6
            Originally posted by dad2bandm View Post
            I think DowntroddenDad, makes a good point. How is this info relevant to the trial, or would a judge think it's at all relevant? You would probably have to provide more info, for a better answer, if you are able to, without revealing too much info.
            very relevant, I think. She has been able to lie to CAS, OCL so far, and now she is carrying these lies into affidavits and statements to judge.

            The lies pertain to several things that would affect access and custody rulings i believe.

            I just need to know the best way for a judge to see this pattern of behavior.

            As always thank you

            Comment


            • #7
              Originally posted by sioux View Post
              You missed the part where the OP asked...."how to expose the crdibility of a liar"
              Take the emotion out of it. It depends on the situation.

              Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

              Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

              Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.

              Comment


              • #8
                Originally posted by DowntroddenDad View Post
                Take the emotion out of it. It depends on the situation.

                Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

                Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

                Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.
                Thank you for the response. There is a material impact. What is the best means of getting it before a judge ?

                Comment


                • #9
                  Originally posted by sioux View Post
                  You missed the part where the OP asked...."how to expose the crdibility of a liar"
                  Questioning is a great way to do this.

                  You : On your affidavit dated xxxx you stated xxxxx, however you later stated yyyyy on xxxxx. Can you please tell me which is true.

                  You: You stated xxxx but this document yyyy states this. How can you explain the discrepancy.

                  They can only give one answer and you can go from there.

                  Comment


                  • #10
                    Originally posted by FB_ View Post
                    Questioning is a great way to do this.

                    You : On your affidavit dated xxxx you stated xxxxx, however you later stated yyyyy on xxxxx. Can you please tell me which is true.

                    You: You stated xxxx but this document yyyy states this. How can you explain the discrepancy.

                    They can only give one answer and you can go from there.
                    Thank you. Can questioning occur at a settlement conference or motion ? Or does it have to be during a trial ?

                    Comment


                    • #11
                      Originally posted by plainNamedDad44 View Post
                      Thank you. Can questioning occur at a settlement conference or motion ? Or does it have to be during a trial ?
                      I believe you have to ask for questioning.

                      Read up on rule 20.

                      Courts of Justice Act - O. Reg. 114/99

                      Comment


                      • #12
                        Originally posted by plainNamedDad44 View Post
                        How does one expose a lack of credibility - by affidavit ?
                        You don't do it by affidavit.

                        You do it through a process called DISCOVERY. It is easy to counter and create lies on paper. If there are issues with an affidavit either bring a motion forward for pre-trial discovery on the person in question's affidavit. Then ask the countering evidence in-person and have someone transcribe the sworn statements given orally.

                        When you provide a rebuttal in paper it gives people time to think up a counter lie.

                        You should be warned... Justices don't balance things on "the truth" and anyone's version of "the truth".

                        I think I have suggested you read this thread and the FAIL you will experience seeking "the truth" in a civil court:

                        http://www.ottawadivorce.com/forum/f...-mossip-13753/

                        What is sad for the Court is the amount of time, money, energy, and emotional angst, that these parties have engaged in to convince themselves, the other party, the children, their friends, the professionals involved, and now the Court, that their truth is the “real truth”; that their version of events is what actually happened.
                        No one will care about minor broken details of irrelevant evidence. 90% of the affidavit you are concerned with is probably irrelevant.

                        There is no "perfection" in evidence.

                        Good Luck!
                        Tayken

                        Comment


                        • #13
                          Originally posted by DowntroddenDad View Post
                          Take the emotion out of it. It depends on the situation.

                          Judges in family court hear baseless allegations all the time. There isn't much point in a he said/she said pissing contest, unless you are fighting over something that had a material impact on the judgement.

                          Lying about finances? Sure, big impact. Lying about whether the mother has a boyfriend, not material in most cases.

                          Understand that a perjury case would like be well after the judgement in family court, should one chose to persue it.
                          See the bold above OP. Read it again and again and again and again.

                          Relevance matters.

                          Comment


                          • #14
                            But what happened to the old saying "credibility is everything in court" Tayken?

                            Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?

                            Comment


                            • #15
                              Originally posted by DontGiveUp View Post
                              But what happened to the old saying "credibility is everything in court" Tayken?

                              Does one not have to prove as best they can that claims and accusations are thus that in the other parties answer and affidavits and by doing some as well leave the judge question the other party's credibility?
                              If you don't disagree with it how is the judge to know it's not the truth.

                              They have to prove it's true when YOU challenge it as untrue.

                              Comment

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