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When does statute start to toll for libel, slander, defamation?

Phoenix, AZ |

I was a defendant in a Maricopa sup. ct. civil action. One of the plaintiffs in the sup.ct. case went to a lower/justice court and took out a baseless/bogus Injunction Against Harassment against me (claiming my counter-suit was harassment!) He made several (blatant) perjurous statements (under oath, on the record) in order to get the IAH. After two years of appealing, it was finally vacated for being baseless/ridiculous. Can I now sue him for slander, libel, defamation, etc.? (Note: The Sup.Ct. action is now before the Court of Appeal. ALSO, if you'd like to take the libel/slander case on contingency, speak up!)

Note: This was part of an HOA case. The person that filed the IAH petition claims to be a Board Member. Could I amend my counter-claim against the HOA? For more info and complete pleading history see: http://projectsmm/azcourts/index.shtml

Attorney Answers 5


  1. The facts you presented don't qualify as defamatory and are not actionable.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  2. Consult with a local lawyer. Statutes of limitation and what tolls these deadlines is best addressed by a local lawyer. The answer varies from one state to the next. Good luck.


  3. Sorry to hear about this. You will want to contact a local attorney in your area to review the matter for you. The statute could depend on the specific cause of action.


  4. A lawyer in your state would need to review the file.


  5. Statements in the course of litigation and utilization of court processes are not subject to defamation law. There are, instead, potential abuse or process and malicious prosecution claims, but these are very difficult cases with high standards of proof and exacting procedural gauntlets.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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