Defendant Possibly Lied About Name Under Oath

[ky_gal]

This is a little bit complicated so I will try to get to the important points and not the irrelevant details.

I commenced a lawsuit not knowing the full name of one of the defendants. She filed a motion and there was a hearing to amend the case caption to her name. The judge told her raise your right hand, put her under oath, etc. and she gave her name. For purposes of illustration, let's say that this name she gave is Jane Doe. I know that "Doe" (in this example) is her boyfriend's name. I assumed that maybe she married this guy and took his last name.

The name she gave didn't sit right with me though, because I have other official court documents where her name is (let's say for example) Jane Smith. Example: I found out she had a warrant for her arrest under the name Jane Smith (same birthday, I found a picture of her mugshot with that name, etc.) I found recent (within the last year) family court documents about her daughter with the name Jane Smith (not Jane Doe). I found traffic tickets within the last year with the name Jane Smith.

She was arrested on the bench warrant today and I checked the inmate list, saw her picture, birthdate and the name listed is Jane Smith. I also checked for marriages to see if this lady was recently married to this guy and I wasn't able to find anything under her name or his name.

I think she may have given me a fake name (took her first name but used her boyfriend's last name when that isn't her legal name).

I am thinking about bringing this to the judge's attention but I am not sure if I am overreacting or thinking too much about this... Given what I said above, what do you think? I don't want to be that pro se litigant bringing frivolous things to the judge's attention only to be proven wrong.

I tried asking for a copy of her ID and she said that she refused to provide it and that it wasn't material or likely to lead to admissible evidence... What should I do? Do I have reason to be concerned?

 

[Ohiogal]

This is a little bit complicated so I will try to get to the important points and not the irrelevant details.

I commenced a lawsuit not knowing the full name of one of the defendants. She filed a motion and there was a hearing to amend the case caption to her name. The judge told her raise your right hand, put her under oath, etc. and she gave her name. For purposes of illustration, let's say that this name she gave is Jane Doe. I know that "Doe" (in this example) is her boyfriend's name. I assumed that maybe she married this guy and took his last name.

The name she gave didn't sit right with me though, because I have other official court documents where her name is (let's say for example) Jane Smith. Example: I found out she had a warrant for her arrest under the name Jane Smith (same birthday, I found a picture of her mugshot with that name, etc.) I found recent (within the last year) family court documents about her daughter with the name Jane Smith (not Jane Doe). I found traffic tickets within the last year with the name Jane Smith.

She was arrested on the bench warrant today and I checked the inmate list, saw her picture, birthdate and the name listed is Jane Smith. I also checked for marriages to see if this lady was recently married to this guy and I wasn't able to find anything under her name or his name.

I think she may have given me a fake name (took her first name but used her boyfriend's last name when that isn't her legal name).

I am thinking about bringing this to the judge's attention but I am not sure if I am overreacting or thinking too much about this... Given what I said above, what do you think? I don't want to be that pro se litigant bringing frivolous things to the judge's attention only to be proven wrong.

I tried asking for a copy of her ID and she said that she refused to provide it and that it wasn't material or likely to lead to admissible evidence... What should I do? Do I have reason to be concerned?

You can question her about this information when she is on the stand during the trial but until then, don't make it a huge issue IMHO.

 

[tranquility]

The state matters as well as the exact question asked. For example, in my state, any name you use regularly without the intent to defraud is every bit as much your name as the one on your birth certificate. While a lot of the cases have to do with transgender issues, it does not change the fact there are multiple cases at the appellate level and one at our Supreme Court saying the same thing.

I agree with Ohiogal. You might do some further discovery like an interrogatory to list all names used in your lifetime or do some questions when examined as a witness, but, it does not seem like a big deal at this time. (Heck, it might be fun to ask the name in examination and then see if the mugshot refreshes her memory if she answers differently.)

If you win and get to the debtor's examination or other post-judgment actions, you should get a more detailed answer in regards to assets she owns or controls.