If someone makes you a serious acusation in court (which you can prove to be false)...?
can you sue that person for slander afterwards?...
(And could someone be both a lawyer and a witness at the same time?...
Could a judge also be used as a witness?...)
Answers:
No, you almost always cannot sue. It's called "judicial privilege."
Generally, a lawyer cannot be a witness. However, it is technically possible. The judge can be a witness at a subsequent hearing, but not at any hearing at which he presides.
By the way, if you have been convicted of a crime, then you do not stand a snowball's chance of winning. This is a common tactic of people convicted; those suits almost always lose unless the person is later proved innocent.
Maybe.
Probably not.
Yes.
Can you sue?
If the serious accusation is by a prosecutor (or someone else in an offical capacity), then the answer is almost always no. If someone else does so, then possibly, yes. It would depend on who they were, what they said, and in what context.
Can your attorney be a witness?
Your attorney can act as a witness in the new case, but cannot represent you in it. The attorney is bound by ethical requirements not to act as attorney in a case in which he/she may be a necessary witness. It would present a conflict of interest (he wants you to win, but must tell the truth, so the possibility of perjury or ineffective representation is high).
Can the judge be a witness?
A judge can act as a witness in any case not before him.
http://en.wikipedia.org/wiki/slander_and...
>> can you sue that person for slander afterwards? <<
Only if you can prove how much monetary damage it did. Oh, you can sue, but without the above mentioned proof, you'll get nothing.
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KrazyKyngeKorny(Krazy, not stupid)
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prolly not, they will be charged with perjury though
If someone makes a knowingly false accusation under oath, such as saying "I know this person did this act", that is called perjury and is a felony.
If a person says "I think that person did this" and it is untrue, that person has merely expressed an opinion, whether true or false.
You may be your own attorney and a witness at a trial and I do not know why a judge, not the one hearing the case, could not be subpoenaed.
You can always sue but you can rarely win in slander cases. It is difficult to prove for some reason.
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