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STBX counsel lying in court today - I have prove - how to bring forward ?

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  • 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 ?

  • #2
    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?

    Comment


    • #3
      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.

      Comment


      • #4
        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.

        Comment


        • #5
          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 ?

          Comment


          • #6
            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.

            Comment


            • #7
              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 ?

              Comment


              • #8
                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.

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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.

                    Comment


                    • #11
                      Originally posted by LovingFather32 View Post
                      T? . 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..
                      Never say that in court. The whole idea of rectifying in the future it depends if its an interim judgement or not.

                      Comment


                      • #12
                        You are self-represented and the other side is represented by counsel (officer of the court). This was a motion and you didn't receive ruling today?

                        I'd send the registered letter to the lawyer with a request that he respond within 15 days (you probably have 30 days to appeal the decision from the bench). Hopefully the lawyer will correct the matter or offer a solution.

                        I believe this is a time when it is beneficial to be self-represented. If you were represented by counsel you probably wouldn't do anything because your legal costs would eat up any benefit you receive from an amendment.

                        Putting the lawyer on notice is a good thing IMO.

                        Comment


                        • #13
                          Originally posted by Links17 View Post
                          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.
                          It was an interim motion, I was seeking damages from STBX for breach of agreement to buy my half of marital home.

                          I didn't get damages, but an order to sell the home immediately and to place 15K into trust to address the matter later. So I will have the opportunity to address my damages again.

                          The persistent and material lying speaks volumes...and there are some doozies, like the lawyer informing the OCL that I have no drivers license because of a DUI. Completely and utterly untrue. If this goes to trial... I plan on dropping all of these on the Justice's lap so as to show that STBX has no credibility.

                          There was no cost award to either party.

                          Comment


                          • #14
                            Originally posted by arabian View Post
                            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.
                            Hi A,

                            yes.. I did this immediately.

                            Comment


                            • #15
                              Originally posted by Links17 View Post
                              Never say that in court. The whole idea of rectifying in the future it depends if its an interim judgement or not.
                              It was an interim motion.

                              Comment

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