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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35332
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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In Massachusetts, if you are served a request for production

Customer Question

in Massachusetts , if you are served a request for production and you only provide a fraction f the documents being requested and lie and say there are no more, is that perjury?
Submitted: 3 months ago.
Category: Family Law
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Did you also sign the Declaration (Verification by Affidavit) that should have accompanied your response to the production request stating that under penalty of perjury that your responses to the discovery were true and correct?

Doug

Customer: replied 3 months ago.
I'm the recipient. Yes, they did sign that.
Expert:  LawTalk replied 3 months ago.

Hi,

Provided that the other party is in possession or control of the other documents you claim were not submitted in the Response to the Discovery, then yes, the falsification of the affidavit would constitute perjury under MA law.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 3 months ago.
what if they purposely got rid of the things so they could say they weren't in their control ?? Basically, we requested all facebook posts in a certain date range. We already had everything showing lots of bad stuff (but she didn't know that). She deleted all of about 8 posts in a 2 year span and only submitted those.
Expert:  LawTalk replied 3 months ago.

Hi,

They would be guilty of Spoliation of Evidence---if it occurred after the person knew that the documents were relevant to the case, and if you can prove that, the court will rule that there is now a presumption that the documents would be in your favor and that can help you in a jury trial or a bench trial (with only a judge).

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 3 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug