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letter to judge

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digmom00

Guest
My son was charged with battery. Before he even got in front of the judge a third party whom owed me 3,500 dollars and was being sued in small claims court wrote a letter to the judge making all kinds of false statements about myself and my son. Could this be defamation, and what could be done. The fight would have never taking place had the parents not enticed the kids to fight on a daily basis. I finally had to move and get an injunction on the above party mentioned.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by digmom00:
My son was charged with battery. Before he even got in front of the judge a third party whom owed me 3,500 dollars and was being sued in small claims court wrote a letter to the judge making all kinds of false statements about myself and my son. Could this be defamation, and what could be done. The fight would have never taking place had the parents not enticed the kids to fight on a daily basis. I finally had to move and get an injunction on the above party mentioned.<HR></BLOCKQUOTE>

My response:

We need to know what the "false statements" are in order to know if they are actionable.
Also, no matter what they are, they ** may ** not be actionable anyway if they are said or written in the course of litigation. All attorneys, parties, and witnesses are usually protected from the affects of slanderous and libelous statements if made during the course of litigation. The purpose is that attorneys would not be zealous, and parties and witnesses would not be inclined to testify or help the court if people refused to talk, and this would have a "chilling" effect on the justice system. The judge, who is an experienced jurist, will not give any credence to someone who has an improper motivation for saying certain things, or who might have a "bone to pick."

IAAL



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