Laches Defense

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Latest post Thu, Nov 3 2016 12:42 PM by ca19lawyer2. 2 replies.
  • Wed, Nov 2 2016 6:41 PM

    • mrvisionz
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    Laches Defense

    Does/would the affirmative defense of laches apply to a contempt of court filing for perjury? The issue stems from information obtained post-judgment, in a custody matter. I know that perjury is difficult to prove, but the basis of perjury is supported by documents from state agencies that were not available during the hearing.

  • Thu, Nov 3 2016 6:04 AM In reply to

    Re: Laches Defense

    Perjury is a criminal offense. Laches is an equitable doctrine used in civil cases. If criminal charges for perjury are brought, the issue will be whether the statute of limitations for prosecution has elapsed. If the answer is no, a laches argument will not save the defendant from prosecution.

  • Thu, Nov 3 2016 12:42 PM In reply to

    Re: Laches Defense

    Depends on the relevant facts, none of which are included in your post.

    Also note, that it's not clear what you mean by "a contempt of court filing for perjury."  Perjury and contempt are two different things.  As noted in the prior response, perjury is a crime, so laches wouldn't be applicable.  Contempt may be either civil or criminal.

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