A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Claim Defamation Character Within A Case In Maricopa
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State:
Multi-State
County:
Maricopa
Control #:
US-00423BG
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Word;
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FAQ
Every county in Arizona has at least two justice courts. The justice courts have exclusive authority to hear cases in which the amount in controversy is $10,000 or less. Cases in which the amount in controversy is greater than $10,000 must be filed in the superior court.
Two Years. Within Arizona, there is a two-year time limit for filing a personal injury claim. The law states that a plaintiff must start a claim within two years of the date of the cause of action for cases involving wrongful death, robbery, trespassing, and personal injuries.
Small Claims. Resolving civil disputes if damages are less than $3,500. A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
You may not split a claim and file two separate actions. You may file for the "court costs"in addition to the $10,000 maximum. Civil lawsuits in Arizona are governed by the Justice Court Rules of Civil Procedure (PDF).
The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.
Arizona law imposes a two-year statute of limitations for many civil actions, like personal injury claims and wrongful death cases. Some civil cases, like libel or slander, have a one-year limitation period.
A person who commits the defamation is liable to any person injured by the defamation for damages, prejudgment interest, attorney fees, the costs of litigation and punitive damages. The damages may include lost sales and business, lost profits and loss in value of the business.
Pleadings Allowed. Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.
An application to the court for an order must be by motion which, unless made during a hearing or trial, must be in writing, state with particularity the grounds for granting the motion, and set forth the relief or order sought.
A small claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.
