What is the burden of proof in a defamation case?

In New Hampshire, the burden of proof in a defamation case is on the plaintiff (the person filing the lawsuit). This means that the plaintiff must prove that the defendant (the person being sued) intentionally and knowingly defamed them. The plaintiff must demonstrate that the defendant made a false statement of fact that was damaging to the plaintiff’s reputation and that the defendant intended to do so. This must be done through evidence, such as affidavits, testimonies, or other documents. In order for the defendant to be found liable, the plaintiff must also show that the defendant acted with “actual malice.” This means that the defendant must have acted with the intention of damaging or disregarding the plaintiff’s reputation. The plaintiff must show that the defendant acted with actual malice in order to win the case. The burden of proof for defamation cases can be difficult for the plaintiff to meet. The plaintiff must provide clear and convincing evidence to demonstrate that the defendant made false statements, acted with actual malice, and caused damages to the plaintiff’s reputation. In addition, if the statements made by the defendant are opinion-based, the court may not find it to be defamatory. If the plaintiff is unable to prove that the defendant defamed them with clear and convincing evidence, the defendant will not be liable for defamation.

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