Section 14.22 Fraud, Deceit, or Perjury Committed by Witness or Party
| Library | Civil Trial Practice 2015 Supp |
M. (§14.22) Fraud, Deceit, or Perjury Committed by Witness or Party
The granting of a new trial on the ground of perjury requires a showing that the witness willfully and deliberately testified falsely. Hoodco of Poplar Bluff, Inc. v. Bosoluke, 9 S.W.3d 701, 704 (Mo. App. S.D. 1999). Perjury is distinguishable from a mere mistake in testimony. Humfeld v. Langkop, 591 S.W.2d 251, 254 (Mo. App. W.D. 1979). The fact that two witnesses testified differently at trial than they did during their depositions does not necessarily imply perjury. Gilliam v. Chicago & N. W. Transp. Co., 859 S.W.2d 155...
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