What Happens if You Lie in a Deposition? Legal Consequences and Next Steps
A deposition is sworn testimony that attorneys may use to investigate a case and, in some circumstances, at trial. A deliberate false answer can undermine a witness’s credibility, affect the outcome of a lawsuit, and lead to court sanctions or criminal investigation. The consequences depend on what was said, whether the falsehood was intentional and important to the case, and which laws and court rules apply. An inaccurate answer is not automatically perjury, but knowingly leaving a false impression can create serious problems.
Under Federal Rule of Civil Procedure 30(e), a deponent may review the transcript or recording if the witness requests review before the deposition is completed and the requesting party states that review is desired. The witness generally has 30 days after being notified that the transcript or recording is available to review it, make changes in form or substance, and sign a statement listing the changes and reasons for them. A written waiver or court order may affect this process.
Rule 30(e) is not a guarantee that a witness can erase damaging testimony. The original answer remains part of the record, and the opposing party may question the witness about the correction or use both versions as permitted by the rules. Courts may scrutinize changes that substantially alter an answer, particularly if the changes appear intended to avoid an inconsistency. State rules and specific court orders may differ.
A witness who realizes they gave a false answer should not assume that a routine transcript correction is enough. A substantial or intentional falsehood can raise legal and ethical issues beyond correcting a typographical error or clarifying an ambiguous response. The witness should promptly discuss the situation with their own attorney, who can assess the applicable rules and advise on an appropriate method of correction. A witness should not alter records, coordinate a false explanation, or destroy relevant evidence.
What If the False Answer Was an Honest Mistake?
Memory is imperfect, and deposition questions can be confusing or imprecise. A witness may also discover information later that changes their understanding of an event. An honest mistake does not automatically amount to perjury, but leaving a known error uncorrected can create a credibility problem and may raise additional concerns.
When an answer is uncertain, a witness can say so rather than guess. If the question is unclear, the witness can ask for clarification. If the witness does not know or cannot remember, an accurate answer should reflect that, rather than an unsupported estimate presented as fact. These practices help distinguish genuine uncertainty from a deliberate falsehood.
What to Do After Giving a False Answer
- Contact the attorney representing the witness. Explain exactly what was said, why it was inaccurate, and when the error became clear. If the witness is a party, they should contact their own lawyer rather than relying on opposing counsel for legal advice.
- Preserve relevant information. Keep documents and communications related to the testimony. Do not delete, edit, or hide materials that may be relevant to the case.
- Do not repeat or coordinate the false account. Avoid contacting other witnesses to align stories or asking anyone to change evidence. Such conduct may create additional legal problems.
- Ask counsel about correcting the record. The proper approach may depend on whether the transcript has been prepared, whether the deposition is still in progress, the type of error, and the court’s rules.
- Follow legal advice and court requirements. Counsel can explain whether a correction, additional testimony, disclosure to the opposing side, or another step is necessary. Deadlines and local procedures may apply.
What If a Witness Refuses to Answer?
A witness should not lie to avoid an uncomfortable question. In a federal deposition, objections are generally stated on the record, but testimony ordinarily continues subject to the objection. Under Rule 30(c)(2), an objection must be concise and nonargumentative, and an instruction not to answer is generally limited to preserving a privilege, enforcing a court-ordered limitation, or presenting a motion to end or limit the deposition under the rule.
A witness may have a valid basis to assert a privilege, including the Fifth Amendment privilege against compelled self-incrimination, but applying a privilege can be complex. The witness should consult their own lawyer before the deposition whenever possible. Simply refusing to answer a question, or invoking a privilege without an appropriate basis, may lead to a dispute or court involvement.
How Deposition Lies Differ From Perjury Charges
“Perjury” is a specific criminal charge; “false deposition testimony” describes conduct that may have consequences even if no criminal prosecution follows. A civil court can consider credibility, discovery violations, and litigation conduct without a criminal conviction. Conversely, prosecutors must prove the elements of a criminal offense under the relevant law before a witness can be convicted of perjury.
Federal law also provides for offenses involving certain false statements or declarations in particular contexts, and some jurisdictions have additional statutes. The exact charge, if any, depends on the proceeding, the oath, the statement, the witness’s intent, and the applicable law. A witness who is concerned about potential exposure should seek advice from a qualified attorney promptly.
Key Takeaways
- A deliberate lie under oath can have serious consequences, including credibility damage, court sanctions, and possible criminal investigation.
- An inconsistent answer does not automatically prove perjury; intent, materiality, and the applicable law matter.
- Deposition corrections may be allowed under procedural rules, but the original answer can remain available and a substantial change may be challenged.
- A witness who discovers a false answer should promptly consult their own attorney, preserve relevant evidence, and avoid repeating or concealing the falsehood.
This article provides general information about U.S. law, not legal advice. Rules and procedures vary by jurisdiction, and an attorney can assess the facts of a particular case.