What is the standard of proof in defamation cases?

In Washington, the standard of proof in defamation cases is referred to as the “preponderance of the evidence” standard. This is a lower standard than the criminal standard of “beyond a reasonable doubt.” The preponderance of the evidence standard requires the plaintiff (the person filing the lawsuit) to prove that their statement is more likely true than not. In other words, the plaintiff’s statement must be supported by more evidence than the defendant’s (the person being sued) statement. The preponderance of the evidence standard is also sometimes referred to as the “balance of probabilities” standard. This is because the plaintiff must prove that it is more likely than not that their statement is true. In addition to this, the plaintiff must prove that the statement was made with malicious intent or reckless disregard for the truth. In Washington, the plaintiff must prove all the elements of the case by a preponderance of the evidence in order to win the lawsuit. If the plaintiff fails to do this, then the defendant will not be held liable. If the plaintiff succeeds in proving all of their elements, then the defendant can be held liable and may be ordered to pay damages or other penalties.

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What is the standard of proof in defamation cases?

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