I am being sued for defamation but I didn't claim anything that wasn't true. How do you prove the defamation was a true statement? The crime happened but the state hasn't brought charges. Is a eye witness enough for preponderance because I have one.
A defamation case requires the following elements: 1) a false statement; 2) about the plaintiff; 3) published to a third party; 4) damage to the plaintiff's reputation; 5) strict liability, negligence, or what is called actual malice. Eye witness to corroborate actual statement made is helpful. Truth is a defense to defamation.
Consult an attorney in your jurisdiction to determine your rights, responsibilities and the appropriate action(s) you may wish to undertake. Answers to questions are for general purposes only and do not establish an attorney-client relationship.
You don't have to prove it, the plaintiff needs to prove it was false.
An eyewitness to the underlying action that was related and that is being alleged to have been related in a way to constitute defamation, should go far in establishing that the statement made was not defamatory as it is true!!. You may wish to hire counsel to defend against the allegations that are being made.
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