What is the standard of proof in a defamation lawsuit?

The standard of proof in a defamation lawsuit is the same in South Dakota as it is in all other states in the US. This standard is known as the “preponderance of the evidence.” This means that the plaintiff—the person bringing the lawsuit—must show that their version of events is more likely true than not. To prove defamation in South Dakota, the plaintiff must demonstrate that the accused made a false and harmful statement, that the statement was published to a third party, that the statement was unprivileged, and that the accused was either negligent or acted with actual malice. The preponderance of the evidence standard allows for the facts of the case to be weighed against each other, and the jury or judge must determine which scenario is the most accurate. This standard of proof is less rigorous than the “beyond a reasonable doubt” standard used in criminal cases. For instance, if a defendant in a defamation case says that the plaintiff was lying but there is circumstantial evidence that supports the plaintiff’s claims, that evidence could be enough to meet the preponderance of the evidence standard. This is because there is a higher likelihood that the plaintiff is telling the truth than the defendant. In short, the plaintiff in a defamation lawsuit must prove that their version of events is more likely true than not. This is done by providing evidence that supports their claims and presenting it to the appropriate court.

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What is the standard of proof in a defamation lawsuit?

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