Q: Pujury took place at hearing, how do I address that issue in closing arguments?
Theses questions are more about proper courtroom procedures even though this was a Special Education Due Process hearing.
Hearing was open to the public and was recorded by the district and by me as well as by the presiding Administrative Law Judge. After going through my notes and listening to my recording I confirmed that Perjury took place by two different witnesses from the district, evidence of the perjury is in the file of the case but not admitted as evidence at this point, in closing Arguments what is the best way to bring up this issue, credibility of the witnesses and the credibility of the case that the district had brought against me and my daughter who is on an IEP for Emotional Disturbance.
Can witnesses view evidence binders prior to the hearing?
One witness was asked if they could recall any of the recommendations that were made from an IEE, witness was not asked to look in the exhibit binder but the witness referred to an exact page in the evidence binder.
A: Why don't you have a lawyer representing you? Regardless, unless the evidence is self-authenticating you may not be able to introduce it into the record because you didn't raise/intro. it during hearing and Closing Argument is not the proper part of the process to bring in evidence. You could raise the issue in Closing, but the evidence is trickier.
A: You may be able to move to strike the testimony and impeach the witnesses, and you can move for perjury charges, but it all depends on timing. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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