Prosecuting Civil Perjury As Tortious Conduct

[fixme]

My question involves court procedures for the state of: VIRGINIA

Given that the burden-of-proof is preponderant as opposed to beyond a reasonable doubt would such a civil suite make sense in terms of (being allowed to go forward)/(probability of success)?

What would be the controlling statute-of-limitations?

The state is Virginia.

The alleged perjury occurred at a depo in a WC case.

[LawResearcherMissy]

Who are you in this situation?

The State needs to bring forth perjury charges, and I'm given to understand that such rarely happens in civil cases.

[Mr. Knowitall]

If you disproved the testimony in your civil case, you suffered no damages. If you weren't able to disprove the testimony in your civil case, what makes you believe you can now prove it to be false?

[Adam G]

What's the cause of action? Any tort in particular?

[fixme]

If you disproved the testimony in your civil case, you suffered no damages. If you weren't able to disprove the testimony in your civil case, what makes you believe you can now prove it to be false?

The case was proven in virtue of testimony of witnesses other than the alleged perjurer. The evidence which would have proven the alleged perjurer’s testimony false was offered and moved into evidence. The judge (WC Deputy Commissioner denied said motion).

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What's the cause of action? Any tort in particular?

That's a good question. Is there a tort of deceit in Virginia? There is the possibility of alleging the perjury was an element of an alleged fraud but that would take the complexity of the matter to a far more complex level.

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Who are you in this situation?

The State needs to bring forth perjury charges, and I'm given to understand that such rarely happens in civil cases.

Agreed LRM. I am the prevailing party in the litigation.

I am still looking for a nibble (as oposed to bite) on relevant S-O-L issues.

BTW, I was born in Toledo HOSP and educated at UT.

[free9man]

The case was proven in virtue of testimony of witnesses other than the alleged perjurer. The evidence which would have proven the alleged perjurer’s testimony false was offered and moved into evidence. The judge (WC Deputy Commissioner denied said motion).

So you are saying you lost based on other witnesses' testimony or you won? Either way if the alleged perjurer did not significantly influence the case (i.e. it would have gone the same way regardless of their testimony), you have suffered no damages and have no basis for suit.

[fixme]

So you are saying you lost based on other witnesses' testimony or you won? Either way if the alleged perjurer did not significantly influence the case (i.e. it would have gone the same way regardless of their testimony), you have suffered no damages and have no basis for suit.

Actually I won. But, the underlying matter was appeal of a denied WC claim. The employer relied primarily on information stated by the [alleged] perjurer in propounding denial of the claim. And, the [alleged] perjurer repeated at deposition his false statement of the facts of an industrial accident which (previously) gave rise to denial of the Claim. (and therefore the necessity for prosecuting the matter).

As to potential damages, in addition to certain other costs, there are 80K in medical costs not yet reimbursed. As well as, 16K in direct attorney fees plus 7K in discovery costs associate to overturning the denial. Of the medical costs approximately 20K is associate to evaluation and diagnosis necessary to meet the burden-of-proof associate to establishing compensability of the injury elements of the matter.