Legal Question in Native American Law in New York

If Defense Expert Witness Committed Perjury, Can Judge Overturn Verdict?

I am the Plaintiff in a Medical Malpractice Trial. I find out after the trial that the Expert Witness gave false and misleading testimony. The jury was split and out for two days. Finally, the Judge told the jury to reread the Expert Witness's testimony and see if it helps them. They did and came back with a verdict. The judge asked if his suggestion helped and they affirmed that it did.

I find out after the trial that (which can be substantiated) that the Expert Witness for the defense gave false and misleading testimony.

My question is: If this can be proved to the Judge, can he overturn a verdict?


Asked on 9/06/02, 1:15 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: If Defense Expert Witness Committed Perjury, Can Judge Overturn Verdict?

There are things which can be done, but there are time limits and the matter must be presented to the court in the proper manner, by Motion.

These are matters which should be discussed with your trial attorney.

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Answered on 9/06/02, 2:14 am


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