Also known as: faux-serement · faux serements · false serement · false oath · perjury
Written by attorneys · grounded in primary & secondary sources — see below
A false oath.
Select any source to read its text and confirm it supports the definition.
Fiona Foster testified at trial that she never saw the loose planks. Defense counsel confronted her with a prior deposition in which she had sworn under penalty of perjury that she had warned the superintendent about them. The court admitted the deposition as substantive evidence because it was inconsistent with her testimony and given under oath in a prior proceeding.
Felix Franco testified for the defense in a fraud trial. The prosecutor cross-examined him about his membership in an organization whose rules required members to lie under oath for fellow members. The court permitted the questions because evidence of bias is always admissible to attack credibility even when the bias involves willingness to commit perjury.
Frank Fisher submitted a genetic testing report in a parentage action. The report was signed under penalty of perjury by the laboratory designee and met the statutory form requirements. The court treated the report as self-authenticating without further testimony.
Francesca Fiore was charged with attempt to suborn perjury after she tried to induce a witness to swear to a fact that would not have been material even if believed. The court dismissed the attempt count because an essential element of perjury would have been missing even if the plan had succeeded.
Fumiko Fujimoto told her lawyer she intended to testify falsely at trial. The lawyer refused to present the testimony and informed the court after attempting to dissuade her. The court held that the lawyer's actions did not violate the right to effective assistance because counsel has no duty to assist in presenting a false oath.
Farah Fox appeared before a grand jury under subpoena and gave false testimony under oath. She later argued that the statements could not support a perjury prosecution because she had not received Miranda warnings. The court rejected the argument because Miranda does not apply to grand jury questioning of uncharged witnesses.
It refers to a false oath, the core conduct punished as perjury when made willfully and corruptly concerning a material matter in a judicial proceeding.
Supporting sources
A prior inconsistent statement given under penalty of perjury at a deposition or other proceeding is not hearsay when the declarant testifies and is subject to cross-examination at trial.
No. Counsel's duty of loyalty does not extend to assisting perjury. Counsel must first attempt to dissuade the client and may disclose the perjury if necessary.
…"the struggle for the right-to-vote," and the legal defense of Dr. Martin Luther King, Jr., leader of the movement, against a perjury indictment then pending in Montgomery. The text appeared over the names of 64 persons, many widely known for their activities in public affairs, religion, trade unions, and the performing…