Q: In Civil Case, can I file motion for order to show cause (CCP 1209) for contempt - perjury (PC 118)?
Witness made false statements in a declaration under penalty of perjury. There is evidence, documents produced by the same witness in the same process, showing that the witness declaration is false. Per PC 118, the witness "is guilty of perjury". Can I file mtn for order to show cause why witness should not be in contempt for perjury? ccp 1209(a)(9): "Any other unlawful interference with the process or proceedings of a court." Petermann v. Int'l Brotherhood of Teamsters: "The commission of perjury is unlawful (Pen. Code, § 118). It is also a crime to solicit the commission of perjury. (Pen. Code, § 653f.) The presence of false testimony in any proceeding tends to interfere with the proper administration of public affairs and the administration of justice."
A:
Under California law, dealing with perjury in a civil case through contempt proceedings can be complex. Perjury, as defined under Penal Code 118, occurs when a witness knowingly makes a false statement under oath. If you have evidence that a witness has committed perjury, it's crucial to understand the appropriate steps to address this issue.
You mentioned the possibility of filing a motion for an order to show cause under CCP 1209 for contempt, citing perjury. While CCP 1209(a)(9) does refer to "any other unlawful interference with the process or proceedings of a court," perjury generally falls under the jurisdiction of criminal law rather than civil contempt proceedings. It's essential to differentiate between the two because contempt in civil court primarily aims to preserve the court's authority and ensure compliance with its orders, rather than to punish criminal actions.
If you believe a witness has committed perjury, you may consider reporting this to the prosecuting authorities who can investigate and, if appropriate, prosecute under criminal law. For addressing it within your civil case, discussing this matter with an attorney can help you determine the most effective legal strategy, including any potential impact on your civil proceedings. They can guide you on how to present your evidence and possibly file a motion that addresses the credibility and reliability of the witness's testimony, rather than pursuing a contempt action directly related to the perjury.
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