What is the standard of proof in a defamation lawsuit?
In the state of Washington, the standard of proof in a defamation lawsuit is known as the clear and convincing standard. This standard of proof requires that the plaintiff provide evidence that the defendant made a false statement about the plaintiff in order to win the lawsuit. This means that the plaintiff must provide a higher level of evidence than the usual “preponderance of the evidence” standard of most civil cases. The clear and convincing standard is often used in cases involving sensitive issues like defamation, as it provides an additional layer of protection to an individual’s reputation. To reach this standard, the evidence must demonstrate it is more likely than not that the false statement was made. Evidence presented must be trustworthy. This means that it must not be based on speculation or be of an unreliable nature. An example of this would be a false statement written in a newspaper article, as it is more likely than not reliable. The clear and convincing standard requires that the plaintiff has a significant amount of evidence in order to prove their case. This standard is used in order to protect the defendant from being wrongly accused of defamation, as well as protecting the rights of the plaintiff. In Washington, if a defendant is found liable for defamation, they may be required to pay damages to the plaintiff.
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