Bad news for lawyers who expect witnesses to testify truthfully in depositions: The Texas Supreme Court has ruled that a civil trial judge abused her discretion by holding a litigant in contempt for repeatedly perjuring himself during a deposition, because the lies did not obstruct the operation of the court.
The high court’s May 27 opinion in In Re Coy Reece is a case of first impression that calls into question one of the most common admonishments civil attorneys give to witnesses: “If you lie under oath, the judge could send you to jail.”
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