What is the standard of proof in a defamation lawsuit?

The standard of proof in a defamation lawsuit in Virginia is “preponderance of the evidence”. This means that the plaintiff must show that it is more likely than not that the statement made by the defendant was false and defamatory. In other words, the plaintiff must show that it was the defendant’s statement, not any other factor, that caused harm to the plaintiff’s reputation. The burden is on the plaintiff in a defamation case to prove their case, not the defendant to prove they are innocent. In other words, the plaintiff must prove that the defendant’s statement was false and defamatory and that it caused them harm. The defendant only must prove their statement was true if they choose to do so. The standard of preponderance of the evidence is used in civil cases in Virginia, including defamation cases. For a plaintiff to be successful, they must prove that the defendant’s statement was false and caused them harm. This means that the plaintiff must prove that the statement was false and defamatory more likely than not for the court to rule in their favor.

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What is the standard of proof in a defamation lawsuit?

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