Went to civil trial and the plaintiff goes on the stand and change his story to make me irresponsible and has one of his employe do the same to match his story but not as believable with document claiming they were summit by myself as a modified verbal agreement which none is true. And on my proposal (contract) states any alteration or deviation yada yada only upon written orders. So is forge drawing with no detail consider as legal changes . Now I'm in the process of an appeal to keep my credibility. And do I file a complaint against the judge for unfairness and judgemental towards equal right . I went to trial with proof and honesty and he came in with Lie's but had credibility , in front of judge with no commonsence. If I file perjury what will it do to the appeal process?
You should consult with an atty who does appeals. Unfortunately, it sounds like you should have had an atty in the first place. There are limits as to what you can properly base your appeal upon. Unfortunately, truth does not always prevail in court. Legal procedures must be used to expose lies etc. if possible. People do lie and falsify evidence, and that is why cases are not necessarily easy to win, even when you are right. I would not file charges against the judge, until you have consulted with an appellate atty who can tell you the judges rulings were not only wrong, but so wrong as to appear to be the result of bias.
Although you are justifiably angry that the judge believed the plaintiff's testimony, that decision is in the nature of the judge's job. In other words, trials occur because the parties cannot agree on the true facts, and it is up to the judge to decide what is true and what is not. Filing a complaint against the judge under these circumstances would be futile. Nor can you "file perjury". Perjury is a criminal act that can only be prosecuted by the District Attorney, and the District Attorney almost never gets involved in civil disputes.
On the other hand, enforcing the express terms of an agreement is also the judge's job - and if the judge failed to properly enforce the contract, you may have a meritorious appeal.
If you are appealing, you should consider retaining an appellate specialist. I have 25 + years of appellate experience, much of it in the appellate division where your case would be heard.
Please see my website at www.SantaBarbaraAppeals.com for more information about my practice, and please contact my office if you would like a consultation.
You cannot file for perjury, only the DA can.
Law is not a perfect system, and people do lie under oath.
Filing a complaint against the judge will almost certainly be fruitless.
Judges are immune from lawsuits for their judging activities. You cannot successfully file any charges or actions against the judge.
You may have a sound appeal, but you will need to hire an appellate attorney to advise you on that. And if your ground for appeal is that the judge believed false testimony, you have a steep uphill battle on appeal. Appeals are seldom successfully brought on issues of credibility. And there is no possibility of any perjury charges here. Perjury is a crime, but the prosecutor is not going to bring criminal charges in this matter. Every case has a winner and a loser and the losers cannot cause perjury prosecutions or the system will collapse.
When I taught trial skills to new lawyers, I always instructed that no one should ever get into a trial that they weren't willing to lose. Your case is a good illustration of that principle.
