Also known as: false oaths · perjury
Written by attorneys · grounded in primary & secondary sources — see below
A false statement made under oath or equivalent affirmation concerning a material matter in a judicial or official proceeding when the declarant does not believe the statement to be true.
Frank Fisher testified at trial that he never saw loose planking on the scaffolding. Jasper's counsel confronted him with a recorded interview in which Fisher had identified the safety manager as the one who overruled requests to secure the scaffolding. Because the interview was not given under penalty of perjury, it could not qualify as a prior inconsistent statement admissible for its truth.
Fernando Farrell testified as a defense witness. On cross-examination the prosecutor asked whether Farrell belonged to an organization whose tenets required members to commit perjury on behalf of fellow members. The court permitted the questions because evidence of bias is always relevant to impeach a witness.
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Forrest Falconer submitted a genetic testing report in a parentage action. The report was signed under penalty of perjury by a designee of the testing laboratory and complied with statutory requirements, making it self-authenticating.
Finn Fletcher attempted to suborn perjury by asking a witness to make a statement that would not have been material even if believed. Because an essential element of perjury would have been missing, Fletcher could not be convicted of attempt.
Francisco Frost's client admitted intending to commit perjury at trial. Frost refused to present the false testimony, attempted to dissuade the client, and considered withdrawal and disclosure under ethical rules. The client's Sixth Amendment rights were not violated.
The prosecution must prove that the defendant willfully and corruptly made a false statement under oath concerning a material matter in the course of a judicial proceeding. Materiality requires that the statement have the potential to influence some phase or detail of the proceeding.
A debtor who knowingly and fraudulently makes a false oath or account in connection with the bankruptcy case may be denied a discharge under section 727(a)(4).
A lawyer must consult the client when the lawyer knows the client expects the lawyer to present testimony the lawyer knows is false. The lawyer must explain the ethical limits and may not assist in presenting perjured testimony.