What is the standard of proof for defamation in civil litigation?

The standard of proof for defamation in civil litigation in New Mexico is preponderance of the evidence. This means that the party bringing forth the lawsuit (the plaintiff) must prove that the information conveyed is most likely to be true, to a reasonable degree of certainty. If the jury or judge finds that the plaintiff has proven their case more likely to be true than not, the defendant will be held liable for damages. In order to prove defamation in a civil lawsuit, the plaintiff must show three elements. First, they must establish that a false statement was made to another person. Second, the statement must be published or communicated in some way to at least one other person. Third, the plaintiff must show that the statement caused them damage, such as lost income, humiliation, or injury to their reputation. If the plaintiff is able to establish all three of these elements, the defendant can be held liable for damages. Generally, the court will attempt to determine the amount of damages the plaintiff has suffered and order the defendant to pay that amount to the plaintiff. This is usually done through a jury trial or a settlement negotiated between the parties. In New Mexico, the standard of proof for a defamation case is preponderance of the evidence, which is the most common standard of proof in civil litigation. The jury or judge must determine that the plaintiff has proven their case more likely to be true than not, and if they do, the defendant will be held liable for damages.

Related FAQs

What is the standard of proof for defamation in civil litigation?

Related FAQs

Related Blog Posts