Defendants lawyer in probate called a witness who had previously committed perjury during a hearing in this?
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matter? (which was trying to get unsigned copy of will admitted in probate) witness and her lawyer lied during a previous hearing stating that they hadn't been in descendants' home without subpoena. Where her attorney was the photographer and they took pictures after they tampered with evidence that were used during depositions and at trial. We had proof of perjury because we had the copy of the transcript from the hearing. Defendants' lawyer never mentioned her perjury and we asked him to question her regarding it. He didn't and it was as if we were paying our lawyer to defend the other side. Was a person who had previously committed perjury in this matter a qualified witness?
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Answer:
No one is disqualified from being a witness, even if that person has been convicted of perjury and sent to prison. Prior false testimony can be used to impeach the witness, and then the judge will have to decide what is true and what is not by evaluating the credibility of the witness.
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