§870. Judgment by perjury; action on case
1. Action; within 3 years. When a judgment has been obtained against a party by the perjury of a witness introduced at the trial by the adverse party, the injured party may, within 3 years after that judgment or after final disposition of any motion for relief from the judgment, bring an action against such adverse party, or any perjured witness or confederate in the perjury, to recover the damages sustained by the injured party by reason of such perjury. The judgment in the former action does not bar an action under this section.
[PL 2009, c. 187, §1 (NEW).]
2. Specificity of claim. A claim under this section must identify the specific testimony alleged to be false at the initial filing of the claim.
[PL 2009, c. 187, §1 (NEW).]
3. Record; evidence. A claim may not be submitted under this section solely on the same record as in the former trial. Evidence discoverable by due diligence before the trial cannot be introduced as new evidence to establish perjury.
[PL 2009, c. 187, §1 (NEW).]
4. Standard of proof. The plaintiff in an action under this section must prove the alleged perjury by clear and convincing evidence.
[PL 2009, c. 187, §1 (NEW).]
5. Affirmative defense. It is an affirmative defense to an action under this section that the plaintiff has no new evidence to present concerning the alleged perjury.
[PL 2009, c. 187, §1 (NEW).]
6. Strictly construed. The pleading and proof requirements of this section must be strictly construed.
[PL 2009, c. 187, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 187, §1 (RPR).
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
Part 2: PROCEEDINGS BEFORE TRIAL
Chapter 205: LIMITATION OF ACTIONS
Subchapter 3: MISCELLANEOUS ACTIONS
14 §851. Actions against sheriff for escape; for misconduct
14 §852. Mutual and open accounts current
14 §853. Persons under disability may bring action when disability removed
14 §854. Actions for breach of promise to marry prohibited
14 §855. Commencement of new action after failure, defeat or reversal
14 §856. Death of either party before action commenced (REPEALED)
14 §857. Rights of alien enemies in time of war
14 §858. Limitation on actions for penalties
14 §859. Limitation extended in cases of fraud
14 §860. Renewal of promise in writing
14 §861. Judgment where action barred against some and not others
14 §862. When nonjoinder of defendants is pleaded
14 §863. Partial payment and indorsement
14 §864. Presumption of payment after 20 years
14 §865. Application of limitations to counterclaims
14 §866. Defendant out of State when action commenced; insolvency
14 §867. Foreign corporations covered by limitations
14 §868. Action to recover damages for land taken for public use
14 §869. Action barred when no administrator 6 years after death