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richanne96
richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 343
Experience:  Attorney in private practice in Phoenix, AZ
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If Plaintiffs' untruthful and defaming statements are

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If Plaintiffs' untruthful and defaming statements are determined by DA office to be perjury, would the court automatically seal those untruthful and defaming statements in court proceedings so that those statements won't be distributed in public. Thanks.

Hello, and thank you for choosing Just Answer. No, if someone's testimony is proven to be perjured, the remedy is not to seal the court record. The Court in the case where the statements were made would count on the jury to weigh the statements based on the evidence of their falsity. No case for defamation would hold up because statements made in court proceedings are immune from such suits, but the person making the statements could be brought up on criminal charges for perjury. This would be up to the DA to make such charges.

Customer: replied 3 months ago.
Thanks for your answer. If the DA decided those statements are perjury, may I ask the court to seal those records and would the court typically agrees to seal?

You may ask, but the court would not typically agree to seal the records in such a situation. That said, it is unlikely that people are going to seek out and review the records of your case. Most testimony is recorded nowadays, and a person seeking a recording would have to pay money for a recording and/or to have a transcript made. If the testimony was obtained in a deposition, typically only the attorneys involved have copies of those transcripts.

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Customer: replied 2 months ago.
Thanks for your answer. I'm sorry I was away. Last question, may I know why the court would not typically agree to seal the records in such a situation (i.e. even if those statements are proven to be untruthful or perjury)? I feel untruthful statements that harm other people's reputation should not become public records. Thank you.