Maine § 870. - Judgment by perjury; action on case

Full text of Maine Maine Revised Statutes § 870. — Judgment by perjury; action on case, with citation guidance and answers to common questions.

§ 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.

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.

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.

4.  Standard of proof.  The plaintiff in an action under this section must prove the alleged perjury by clear and convincing evidence.

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.

6.  Strictly construed.  The pleading and proof requirements of this section must be strictly construed.

Source: official Maine text · Last verified 2026-08-27

Frequently Asked Questions About Maine § 870.

What does Maine Revised Statutes § 870. cover?

Section 870. ("Judgment by perjury; action on case") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maine § 870.?

A common citation format is "Maine Revised Statutes § 870." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maine law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.

How does Maine § 870. apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maine.