LITIGATION ALERT: Is Perjury Committed in a Deposition Punishable by Civil Contempt in Texas? The Texas Supreme Court Says "NO."

The Texas Supreme Court, in a case of first impression, In re Reece, 341 S.W.3d 360 (Tex. 2011), recently addressed the issue of whether perjury committed during a deposition is subject to criminal contempt.  The Court said no, and issued a warning about the future use of contempt in civil proceedings as a means to address perjury. Coy Reece (“Reece”), a defendant in a civil suit, was confined after a judgment of contempt by the trial court.  Although the Texas Supreme Court recognized it could not free Reece under its statutorily restricted habeas corpus jurisdiction, it nonetheless fashioned mandamus relief to free him.  First, the Court decided that a trial court may not hold a litigant in contempt for perjury committed during a deposition.  Second, it decided that it could exercise its mandamus jurisdiction to provide relief for a civil litigant who is deprived of liberty pursuant to a court’s contempt order.

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