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  1. #1

    Default Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other Case

    My question involves court procedures for the state of: TX in Federal court

    Can I file a lawsuit for relief based on Perjury committed by defendant in the previous case? I filed 2nd civil lawsuit against defendant. One of claim is "PERJURY, FORGE DOCUMENTS AND CONTEMPT COURT ORDER CHARGE AGAINST UNDER THE 18 U.S.C 1621-1623. " I filed the complaint at local FBI office about the issues. In my civil lawsuit, I am seeking for relief as the results of the crimes committed by defendant. Should defendant not committed the crime, I should easily win the first case.

  2. #2
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    Can I file a lawsuit for relief based on Perjury committed by defendant in the previous case?
    Anyone can sue anyone for anything. However, while perjury is a crime, it is not a civil cause of action (nor is "forge documents" or "contempt court order").

    That said, what was the "previous case" about? How did the alleged perjury affect the outcome of this case? Did you or your lawyer in the "previous case" make an effort to cross-examine the defendant and/or offer contrary evidence to expose the alleged perjury?


    Quote Quoting worldfg
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    I filed 2nd civil lawsuit against defendant. One of claim is "PERJURY, FORGE DOCUMENTS AND CONTEMPT COURT ORDER CHARGE AGAINST UNDER THE 18 U.S.C 1621-1623. "
    If you've already filed a lawsuit, then I'm at a loss to understand what the point of your question is.

  3. #3

    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    I filed age discrimination lawsuit against defendant at first case. During the discovery stage including deposition, declaration etc. defendant committed crimes of perjury, forge documents, and contempt court order. Judge granted summary judgment for defendant without mentioned any my indisputable factors and evidences, and no hearing (few days before pre-trial hearing, defendant draft the order, not serve to me and judgment signed it, which was misconduct of ex parte communication for judge). I filed many motions, appealed at circuit court and supreme court, however, no judge give me a chance to present or cross exam the defendant. Meanwhile, I filed complaints at local FBI office and sent letters to various officers including DOJ and President. I filed 2nd civil lawsuit this year based on above perjury laws and seek to reopen the case. Currently, defendant is at default. A Hearing was scheduled on 6/5/19.

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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    If a hearing is set for 6/5/19 why are you asking if you can sue?

  5. #5

    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    I need to prepare for defendant argument "18 U.S.C. 1621 Claim is Barred Because The Statute Contains No Private Right of Action"

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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    If you can't even word a question to a forum correctly you have no chance in federal court.

    So, what is your plan to get around the Barred action?

  7. #7
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    I need to prepare for defendant argument "18 U.S.C. 1621 Claim is Barred Because The Statute Contains No Private Right of Action"
    You'll have a very hard time overcoming that because there is indeed no private right of action for that. It is a criminal statute only; it is up to the U.S. Attorney to prosecute for violations of that statute, and such prosecutions are not very common.

  8. #8
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    I need to prepare for defendant argument "18 U.S.C. 1621 Claim is Barred Because The Statute Contains No Private Right of Action"
    I am aware from memory of the case Cort v. Ash (1975) which discusses if a private remedy is available for violation of a Federal criminal statute, generally, the answer is No!

  9. #9
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    Quote Quoting worldfg
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    I filed age discrimination lawsuit against defendant at first case. During the discovery stage including deposition, declaration etc. defendant committed crimes of perjury, forge documents, and contempt court order. Judge granted summary judgment for defendant without mentioned any my indisputable factors and evidences, and no hearing (few days before pre-trial hearing, defendant draft the order, not serve to me and judgment signed it, which was misconduct of ex parte communication for judge). I filed many motions, appealed at circuit court and supreme court, however, no judge give me a chance to present or cross exam the defendant. Meanwhile, I filed complaints at local FBI office and sent letters to various officers including DOJ and President. I filed 2nd civil lawsuit this year based on above perjury laws and seek to reopen the case. Currently, defendant is at default. A Hearing was scheduled on 6/5/19.
    You really have no clue as to how to do any of this.

    Do you even know what the grounds are for summary judgment? You can read about it in US Rule 56 which should be the same or similar to state rules:

    https://www.law.cornell.edu/rules/frcp/rule_56#

    The judge apparently felt that your defendant had convincing grounds for summary judgment. Once the judge granted summary judgment the judge is allowed to have the defendant write the order. That's common practice and is NOT ex parte and is NOT misconduct.

    You appealed at two higher court levels and lost, probably because you were clueless about appellate procedure. You don't get to cross examine the defendant during an appeal nor do you get to try your case all over again. To win an appeal you must show that the judge made an error in interpreting the facts or applying the law. Your appeals were denied because you didn't show that.

    I'm going to stop now because nothing I say is going to help you.

    Feel free to come back and report the results of the hearing.

  10. #10
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    Default Re: Can I File a Lawsuit for Relief Based on Perjury Committed by Defendant in Other

    You're not getting around that because the defense is right. You can't sue them on 18 USC 1861. That's a criminal statute and its use is reserved to the government.

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