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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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first - the issue is again Utah specific; I initiated a small

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first - the issue is again Utah specific; I initiated a small claims court trial on the issue described above. I did win the trial but I was not satisfied and I initiated another trial - this time at the district court level. I did win this trial, too.
At the trial at the district court my opponent presented a piece of evidence that clearly documented that my opponent has purposely or intentionally lied at both trials. I told the judge of the small claims court that the opponent has lied in his court although he had sworn the oath to tell the truth. My question now is: Since my opponent has sworn a false oath is there a chance to get him in court for this? The court would be the small claims court.
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, from your description you are claiming that the defendant in the small claims action attempted to commit fraud upon the court. You can in turn, file a motion with the court requesting appropriate disciplinary action against the party involved. If the other party was represented by counsel, you can also seek to have that attorney sanctioned by the Utah bar association.
Customer: replied 3 years ago.
I don't think that the word "attempt" describes the situation correctly. Since you don't know the case history I have to mention this. I actually expected the expert who advised me on that issue to answer the question.
Anyway, the issue was a boat. I had gotten a boat by an acquaintance of mine whom I considered to be trustful. I was under the impression that he had transferred the title to me. However, as I found out much later, he had not done that. We made a verbal contract that I pay him what he had paid for that boat. I found a document in which he had stated that he had paid $ 500 for obtaining the boat and that he had paid another $ 1500 for repairing the boat. Since the boat was in such a bad shape I wanted to know who had done the repair. He never told me that. In the meanwhile I had repaired the boat and it is now in a very good shape. Since I refused to pay what he requested he picked up the boat and towed it away. I contacted our judge (of the small claims court) and he advised me to send this acquaintance a bill for the repair. I did this and he didn't pay it. Therefore, I initiated the small claims court trial. In this trial the issue of the repair was an essential part of the trial. According to my opponent he bought the boat in early 2005 and got the repair done in the following year. He described that very explicitly. Thus, there didn't come up any question about the reality of this situation. However, at the district trial he presented a piece of evidence that the boat which was repaired by me was bought be him in May of 2006. That is more than a year after he has listed that in his expense list and it is just 3 - 4 weeks before I took the boat. Thus, it is obvious that he lied in the small claims court trial. And, assuming that he is in control of his brain I have to conclude that he purposely lied about the situation. Thus, he offended the court and he offended the judge.
Expert:  MShore Law replied 3 years ago.
Hello, I am happy to opt out, I did not realize you were working with an Expert previously. Do you recall who you were working with?
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for requesting me. Your previous expert was correct however. The issue is that if you have evidence that he lied under oath to the court, then it is up to the court to rule against him and find him guilty of perjury or for a violation of Rule 11 of the UT code of civil procedure (see: http://www.utcourts.gov/resources/rules/urcp/urcp011.html) which provides for sanctions for signing an untruthful pleading to the court. The court is the one that has the discretion on this matter so you would need to file a motion with the court for sanctions pursuant to Rule 11.


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Customer: replied 3 years ago.
As I pointed out before my main reason for pursuing this issue is to find a way to awake the Statute of Limitations. I received a list with payments by this guy at the end of 2004. Due to the fact that I didn't want to start a war I swallowed those payments and didn't do what I should have done. There were payments to himself in the order of more than $ 20,000. However, I did not assume that he really had betrayed me. Anyway, in 2009 he got me so mad that I really wanted to sue him. At that time I learned about the existence of the Statute of limitation. During the small claims court trial my opponent brought up another issue which actually was also on that list of 2004 and he lied about that, too.
Can I really initiate another small claims court trial which will enable the judge of this court to awake the Statute of Limitation?
Expert:  Law Educator, Esq. replied 3 years ago.
Unfortunately if the statute of limitations has expired, the courts are VERY clear that the statutes will not be circumvented so any claims arising from the facts and circumstances barred by the statute of limitations cannot be raised in a new claim to try to circumvent the statute of limitations, those claims are dead and unless you can prove mental incapacity or extreme physical incapacity or that you just discovered the incident and it could not have been reasonably been discovered before, then you would not get the court to circumvent the statute of limitations no matter which angle you try to come at the issue.
Customer: replied 3 years ago.
I am accepting your answer; however I have a last question. Can the judge of a small claims court awake the Statute of Limitations?
Expert:  Law Educator, Esq. replied 3 years ago.
No a small claims judge cannot just take away a statute of limitations.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88706
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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