Legal Question in Civil Litigation in Virginia
Question about libel/slander
If a person is named in divorce papers as having an affair with someone, and they did not, is that considered libel/slander?
2 Answers from Attorneys
Re: Question about libel/slander
No, because statements in court pleadings are absolutely immune from liability for libel and slander, provided they have some relevance to the case (which this would).
Re: Question about libel/slander
No. Statements in legal papers, pleadings, complaints,
briefs and other legal matters are ABSOLUTELY
privileged from action on a claim of defamation
(libel or slander). By the way, although you
probably already know, it's "libel" if the
defamatory matter is written and "slander" if
the matter is spoken. In any case, don't even bother
thinking about suing for libel for allegations
made in legal papers. I cannot recall even one
recent instance where that has succeeded. Of course,
even if you did so, you would need to prove that the
statement is false--an essential element of any
defamation claim. So even though the matter may
be "considered" defamatory, it is privleged from any
legal action. No defamation lawsuit over the
court papers. (The same goes for testimony in
court and usually, statements made in court
by counsel.)
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