[ohlly]

Libel suit in small claims court?

[AK lawyer]

Some jurisdictions might not allow it, I suppose. Where?

[ohlly]

New York

[Shiv1971]

It doesn't look like it. Why don't you call the clerk and inquire?
Also, winning a libel case is really hard unless it is either libelous per se (which usually covers just like 4 or 5 types of statements) OR you can prove monetary loss due to the libel, such as lost wages. The burden of proof to show the falsity of the statement as well as damages is on the plaintiff (the litigant who claims libel).

I got this online for NY:
Types of Cases: Cases covered in New York small claims court include property and monetary disputes that are worth less than $3,000 total. These include landlord/tenant disputes, arguments over contractual obligations, complaints of failure to re-pay money or return property, claims for damages following car accidents or minor personal injuries, and similar small cases that are not of a criminal nature.

[AK lawyer]

new york

*sigh* It would have to be NY, wouldn't it? :(

There appear to be different rules for NYC and the rest of the state. I looked at the website for the NYC small claims court. I did a search for the terms "defamation", "libel", and "slander". No hits on any of those three terms. This suggests to me that there is nothing specifically saying that defamation claims cannot be made in NYC Small Claims Court.

[ohlly]

If you sue for libel in small claims court must you show specific monetary damages?

[Eileen G]

In general, for a libel action, you do not need to show damages, only that the material published was untrue and was likely to reduce your standing in the eyes of normal people.

For a slander case, you have to show you suffered damage as a result of the slander.

[AK lawyer]

If you sue for libel in small claims court must you show specific monetary damages?

Yes.

Most states allow you to sue for defamation in small claims court. Without knowing which state you are in, it would be impractical to research the laws of all 50 states.

[AK lawyer]

In general, for a libel action, you do not need to show damages, only that the material published was untrue and was likely to reduce your standing in the eyes of normal people.

For a slander case, you have to show you suffered damage as a result of the slander.

Oh really? Can you please cite an authority for this statement?

You seem to be referring to defamation per se. Which, I believe, does not differentiate between libel and slander.

[Eileen G]

Oh really? Can you please cite an authority for this statement?

You seem to be referring to defamation per se. Which, I believe, does not differentiate between libel and slander.

I'm a journalist who reports criminal cases. Believe me, I live by the libel laws!

[AK lawyer]

I'm a journalist who reports criminal cases. Believe me, I live by the libel laws!

A journalist is sued for libel. She defends the suit by claiming that the allegedly defamatory statement is true. The court asks her to prove that it is true. She replies by saying "I'm a journalist. You can believe me. It's true."

All other elements of the case being established by the plaintiff, how is the court going to rule?

[Eileen G]

A journalist is sued for libel. She defends the suit by claiming that the allegedly defamatory statement is true. The court asks her to prove that it is true. She replies by saying "I'm a journalist. You can believe me. It's true."

Oh, I wish! You haven't lived until you've been sued by the Catholic Church for breaking a case of a priest molesting a child. "I'm a journalist, you can believe me," didn't cut it, I had to bring enough evidence to get him jailed. And I did.

[ohlly]

Can I sue for Personal Injury, harassment in NY small claims court? I have no direct costs, but I do have signed affidavit that my reputation was harmed. I would sue for exampliary and punitive costs.

[JudyKayTee]

You have asked two questions. Can you sue for personal injury in Small Claims in NY? Yes.

You need to have suffered financial damage which you can prove.

Yes, you can sue for harassment if, likewise, you have proof.

Who provided the affidavit? Small Claims often requires someone to be present and will not accept an affidavit.

Is this the same case? https://www.askmehelpdesk.com/small-...ml#post2709480

[ohlly]

STATEMENT: To prove libel one thimg you must show is that at least one person believes that the defendants publihed letter sullied the plaintiffs reputation. QUESTION: Must the one person appear as a witness, or would a signed statement from him be accepted in court ?

[ScottGem]

Depends on the court. The defendant has a right to question his accusers. So a signed statement would probably not be enough. But it may be possible to do a deposition where the defendant can question the witness.

[Fr_Chuck]

Agreed, it will be up to the judge to approve or rule on it. Is this for criminal or civil proceedings. Will the defense object and demand a witness be produced.

If this is homework, sorry but in real life there is no yes and no answers often, so if this is text book, find what the book says is yes or no, but if this is a real case, rules of evidence varies by location, plus often things may go though in court, if there is no objection by the other side.

[ohlly]

The case is a civil torte for libel. Ohlly

[ScottGem]

Is it a real case or homework?

[AK lawyer]

... Must the one person appear as a witness, or would a signed statement from him be accepted in court ?

A signed statement, even an affidavit (statement signed under oath) would not be admissible. Look up "hearsay". There are no exceptions to the hearsay rule for such a statement and therefore such a signed statement would not be admitted.

Fr_Chuck: we don't have criminal defamation in this country (assuming, I guess, that it's in the U.S.).