Deposition CoachingIs it illegal for a party (the mom) in custody suit, knowing that a non-party witness is about to be deposed by me (the dad) to instruct her on what to say and what to not say and that includes instructing her to say some things that are not true so that their stories are matching?Second, I know it is true that depositions are used to impeach witnesses once they are on the witness stand but is the actual lying during the deposition, if proven, a crime? Thanks.
State/Country relating to question: Virginia
Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
(1) It is illegal to instruct to lie.
(2) It is illegal to lie; it's called perjury.
Instruction to lie per (1) is collusion to perjure the court.
Some coaching is acceptable, but not if it means directing a witness regarding the substance of an answer, and it's never acceptable to instruct a witness to lie.
Can you see my responses?
I thought that one only "perjures" themself while under oath in court but that it is not really perjury if it happens during a deposition? I guess I'm wrong? Could it differ by state, that maybe in VA perjuring yourself in your deposition is not illegal (though it should be)?
It is illegal to use it in a court case, whether in court or not. It is being used to commit a lie to the court (i.e. perjury)
That is not a state-specific type of thing.
Is there anything more I can help with?
However it is true that it is hardly ever prosecuted or would you say in provable aggregious cases that it is?
I would say that too few prosecute the issue. I do agree with that.
You can call attention to the court, and see what it says. The court might admonish in court, on its own.
I am responsive, respectful, and relentless.
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