Professional Responsibility Multistate Online Practice Exam

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If you learn that a witness has given false testimony, what remedy is permissible to rectify before or during proceedings?
Correct Answer:
Do not present false evidence; take reasonable remedial measures, including disclosure or correction when appropriate
Explanation:
When you learn a witness has given false testimony, the main obligation is to preserve the integrity of the proceedings by not presenting false evidence and by taking steps to correct the record. The permissible remedy is to refrain from presenting the false testimony and to take reasonable remedial measures, including disclosure to the court and correction when appropriate. This might involve alerting the court to the falsity, seeking to introduce corrected or clarifying evidence, or otherwise ensuring the record reflects the truth. The goal is to rectify the situation before or during proceedings, rather than letting misleading testimony stand. Ignoring the issue or presenting the false testimony would compromise candor to the tribunal, and seeking dismissal of the entire case is not the appropriate remedy for correcting false testimony.

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