The Litigation Privilege, aka the Perjury Privilege

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Reserved for future post.





(d) [1:458] No expert liability to opposing party for perjured testimony/falsified evidence: CC § 47(b) fully protects adverse expert witnesses from civil liability for giving false testimony or predicating their testimony on knowingly false assumptions or facts. As against the opposing party, the witness’ testimony and evidence on which it is based are privileged “publications.” [Carden v. Getzoff (1987) 190 CA3d 907, 235 CR 698—no abuse of process cause of action against expert accountant hired by W to value H’s medical practice in dissolution action despite falsehoods in accountant’s report and knowingly false valuation testimony]
Rationale: Otherwise, adverse witnesses, fearing subsequent civil suits, would be extremely hesitant or unwilling to testify. [Carden v. Getzoff, supra, 190 CA3d at 915, 235 CR at 703]

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