4.9 Other Basis for Sanctions

• Library: Attorney Fees and Sanctions - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

4.9 OTHER BASIS FOR SANCTIONS

4.901 Perjury/Subornation of Perjury. "A witness that testifies under oath or affirmation commits perjury if he: (1) gives false testimony; (2) concerning a material matter; (3) with the willful intent to deceive, rather than as a result of confusion or mistake." ³³⁸

A lawyer suborns perjury when he "procures" testimony which he should have known or had good reason to know was false." ³³⁹ A mere suspicion of perjury by a client does not carry with it the obligation to reveal that suspicion to the court. ³⁴⁰

4.902 28 U.S.C. § 1447(c). "An order remanding [an erroneously removed] case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of removal."

Attorneys are not covered under 28 U.S.C. § 1447(c) as the statute does not...