What is the burden of proof in a defamation case?

The burden of proof in a defamation case in Washington is on the person making the claim. Generally, the person making the claim must prove three things. First, the person must show that the statement made about them was false. Second, the person must prove that the statement was “published” to a third party, meaning that someone other than the defamed person heard or read the statement. Third, the person making the claim must show that they were harmed or suffered damage because of the statement. In Washington, the person making the claim must demonstrate these three elements by a “preponderance of the evidence.” This means that the person making the claim must show that it is “more likely than not” that the statement was false, was “published” to a third party, and that the person was harmed because of the statement. This is a lower standard than “beyond a reasonable doubt,” which is the standard of proof required in criminal cases. In a defamation case, the person making the statement being questioned may also have the burden of proof. This occurs if the person making the statement is able to successfully show that the statement was true. This is known as a “truth defense” and is often used by the person being questioned in a defamation case. Since truth is an absolute defense to defamation, the person making the statement must be able to prove that the statement is true in order to win the case.

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What is the burden of proof in a defamation case?

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