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.
File Defamation In Court In Utah
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About Small Claims Small claims cases are governed by Utah Code Title 78a, Chapter 8. There are simplified rules for Small Claims found in the Rules of Small Claims Procedures of the Utah Code. The maximum amount you may sue for in Small Claims action is $20,000.
In Utah, person claiming defamation must prove that: The information was false and unprivileged. In publishing the statements, the defendant acted with the “requisite degree of fault.” When applied to a private individual, this requires simple negligence, while a public figure must prove actual malice.
Tolling of the Statute of Limitations Code SectionsUtah Code Title 78B: Judicial Code, Chapter 2: Statute of Limitations Injury to Person Four years (U.C.A. § 78B-2-307) Injury to Personal Property Three years (U.C.A. § 78B-2-305) Injury to Real Property or Trespass Three years (U.C.A. § 78B-2-305)8 more rows
(1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule. (2) Criminal defamation is a class B misdemeanor.
Ten Day Summons A plaintiff uses this kind of summons if they want to serve the defendant before filing a case with the court. The plaintiff must file the complaint with the court within 10 days after the defendant was served with the summons and complaint.
A summons is a pre-printed legal form that tells a defendant that he or she is being sued. The defendant must file an appearance and responsive pleading or answer within 30 days of being served with the summons.
The statute of limitations for some cases is as short as six months, while some serious criminal offenses have no limit and can be filed at any time, even decades after the crime occurred. Most statutes of limitation range from one to eight years.
For bodily injury claims – Within 4 years from the date of the accident. For property damage claims – Within 3 years from the date of the accident.
