Is it possible for a person to retract a statement before filing a defamation lawsuit?
Yes, it is possible for someone to retract a statement before filing a defamation lawsuit in Washington. Retraction is when a person retracts or withdraws a false and damaging statement from circulation. In Washington, it is a legal defense to defamation if a retraction is made. In other words, if a person repeats a false statement and then retracts it afterwards, this could be used as a defense to a defamation lawsuit. However, the retraction must be made prior to a lawsuit being filed. In Washington, the retraction must be made in writing, be similar in form to the original statement, be published prominently, and contain a full and fair explanation of the circumstances of the retraction. Additionally, the retraction must be sent to those persons who may have received the original statement. To be successful, the retraction must be timely and sufficiently conspicuous to notify those who heard or read the original statement. If the retraction is made too late or is not sufficiently conspicuous, it may not be of any help in a defamation lawsuit. Therefore, individuals should consult with an attorney to determine the best course of action to take in the event of a potential retraction.
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