Q regarding testimony.

[jazerr]

I am in CA.

I have been subpoenaed to testify in a divorce proceeding that has gone to court due to its complexity. The husband and wife were shareholders in business for a number of years, and after they split up, the wife used some legal hoohaaa to remove the husband from office as CEO and President.

Anyhow, the aspect of the trial now is that the husband claims that the removal was without cause, and therefore illegal.

I worked very closely with him and with the clients, so I've been called to testify to what our customers were saying about him and how he was affecting the business. Thats all fine and good.

The question and concern I have is this: Is it legal/possible for him to try to come after ME for defamation or slander, if "the negative stuff" is all said on the stand, under oath?

 

[Mass_Shyster]

Is it legal/possible for him to try to come after ME for defamation or slander, if "the negative stuff" is all said on the stand, under oath?

No. Court proceedings are protected

 

[sandyclaus]

I am in CA.

I have been subpoenaed to testify in a divorce proceeding that has gone to court due to its complexity. The husband and wife were shareholders in business for a number of years, and after they split up, the wife used some legal hoohaaa to remove the husband from office as CEO and President.

Anyhow, the aspect of the trial now is that the husband claims that the removal was without cause, and therefore illegal.

I worked very closely with him and with the clients, so I've been called to testify to what our customers were saying about him and how he was affecting the business. Thats all fine and good.

The question and concern I have is this: Is it legal/possible for him to try to come after ME for defamation or slander, if "the negative stuff" is all said on the stand, under oath?

Nope, for 2 reasons.

1) Court testimony is protected from such a claim (because if it isn't true, it's perjury in a court of law)

And

2) Truth is an absolute defense to a libel/slander/defemation claim.

 

[tranquility]

Courtroom testimony is qualified immunity. Intentional falsehoods are actionable.

Also, there is emerging law regarding the testimony of experts and some courts are allowing negligence to be actionable. Of course, that's fancy law and it seems the OP is going to be a percipient witness so I don't think it a problem. It would be interesting to see how that's going to get in. (A person testifying what others told her? What are we trying to prove?)