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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110506
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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During a Pre-Trial conference in a Pennsylvania civil court

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During a Pre-Trial conference in a Pennsylvania civil court pertaining to custody that both the Plaintiff and Defendant were sworn in under oath. The Judge directed a question to the plaintiff in regards XXXXX XXXXX Exclusive Posession order in which the Plaintiff is required to bring all utility and bankruptcy payments current. The Judge asked the plaintiff directly; in the matter of the exclussive posession, are all utilities and bankruptcy payments current ? The plaintiff answers "yes". The plaintiff kwoingly and willfully answered this question falsely because she is completely aware that she is not current.
Does this fall under "Perjury" ?
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Yes, if he was under oath and was testifying and intentionally testified falsely, it was perjury. The defendant would have to present evidence to the court that the testimony was false and the plaintiff knew it was false and then it is up to the court to either sanction for perjury or refer to the DA's office or decide what action to take. If the court has not taken any action, the defendant can present the evidence of the court transcript showing the false testimony with the proof of the truth and it is up to the DA to decide whether or not to charge the plaintiff.

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