Friday, May 14, 2010

Is it legal to bribe someone to testify in a civil case?

This company my sister in law and my self used to work for asked me to testify against my sister in law in a civil case she has against them. They said ';we will compensate you if you testify against her in court. '; Is this legal?Is it legal to bribe someone to testify in a civil case?
Well, yes, it is just a paid witness. Although the other attorney will question you as to whether you were ';paid'; to be there, and that can ruin your credibility, as well as the fact that you are her sister, unless you believe you should go with the company instead of her, you might want to keep yourself out of it unless subpeona'd to testify.Is it legal to bribe someone to testify in a civil case?
YES
Nah! They are just saying that they will pay your expenses, airfare, lost wages or whatever it costs you to attend. If you were an expert witness, they could pay you also. If they subpoena you, they will have to pay your expenses. But if they are offering to bribe you, that is illegal and I'll bet they never try.
depends on what they mean by 'compinsate' they are either allowed, or required to repay any expenses you incur as a result of you making yourself available to testify. (rooms, airfare, transportation) or any wages you might lose during the time that you are required to be available to the court. anything other than that is bribery or witness tampering and probably a couple of other felonies that I can't remember the names for right now.
If they are paying you to appear and tell the truth, then it's legal, but the fact that you are being paid might be considered to be germane to your testimony. (Meaning that the jury can consider the fact that you were paid to be there when they weigh your testimony, should that fact that you are being paid to appear be disclosed in court.)





If they are paying you to give false testimony, then they are guilty of obstruction of justice even if you refuse their offer. (And you would be guilty of conspiracy if you accepted, and also guilty of perjury if you went through with it and testified falsely.) Although, in a civil case, it's possible that a summary judgment would be issued against them for doing so rather than referring charges for criminal prosecution.
If they offered to pay you for giving evidence, this constitutes the very serious crime of conspiracy to pervert the course of justice. Of course you must report the matter. Make sure you have evidence, though, in case they claim that you asked them for compensation. These people sound nasty.


Make sure too that they weren't simply saying that they would pay your expenses. This would be permitted by law.
Unless you are being asked to commit PERJURY and lie under oath, it is not illegal to compensate you for testifying. Doctors are paid to testify in civil court cases every day. If however you are ASKED by the other attorney if you're being compensated for testifying, you have to admit that you are or else you are committing perjury and could go to jail for it.
It's not a bribe unless they offer to pay you to testify falsely.





Witnesses in civil trials are frequently compensated for their time and travel expenses.





You don't have any choice, by the way, in whether you will testify or not. If you refuse to testify voluntarily, they can subpoena you, and you must attend. If you refuse to answer questions you can be charged with contempt of court, and if you lie, you can be charged with perjury.





Richard
Uh of course it's illegal. If you are caught you could face charges.
Ok, take a small voice recorder with you and PLEASE record their offer of bribery. Then you know what to do next. Enough.
Since you haven't specified what they mean by ';compensate'; (and perhaps you don't know), it is possible that they are somewhat misleading you.





In many states, if not all, witnesses who are subpoenaed to testify in court are paid a witness and mileage fee to appear. This is legal, as it is required by state law. Where I live, the witness fee is $20.00, and you are paid $0.20 per mile round trip.





It's possible that this company was simply trying to entice you to testify by saying that they would paid for you to come there, when in reality they are required to do so. Deceptive, perhaps, but not illegal.

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