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Protection from defamatory statements I.E. "Witnesses"

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S

Serius

Guest
If a supposed witness, before under oath in a judical hearing defames you, are they still protected under the law?
She was totally unaware of the situation because the actual criminal was wearing a red hat at the time of the incident from the true witness. I was not wearing a hat and can prove that I wasn't. Everyone thinks I'm a bad person and I'm not. Do I have a case?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Serius:
If a supposed witness, before under oath in a judical hearing defames you, are they still protected under the law?
She was totally unaware of the situation because the actual criminal was wearing a red hat at the time of the incident from the true witness. I was not wearing a hat and can prove that I wasn't. Everyone thinks I'm a bad person and I'm not. Do I have a case?
<HR></BLOCKQUOTE>

The DA can say anything about you, in court, as long as they are communications "in any . . . official proceeding authorized by law." [Ca Civil § 47(b)(3); see Passman v. Torkan (1995) 34 Cal.App.4th 607, 616, 40 Cal.Rptr.2d 291, 296--defendant's letter to district attorney, accusing plaintiff of criminal conduct and designed to prompt a criminal prosecution, was absolutely privileged]

Purposes:

To free litigants and witnesses from fear of harassment for what they say in litigation; to encourage zealous advocacy by counsel; and to "avoid an unending roundelay of litigation." [Silberg v. Anderson (1990) 50 Cal.3d 205, 213, 266 Cal.Rptr. 638, 642-643]

Requirements:

Even fraudulent and malicious statements are absolutely privileged if:

· Made in a judicial or quasi-judicial proceeding (not necessarily in the courthouse);

· By litigants or other participants authorized by law;

· To further the objects of the litigation; and

· Having some connection or logical relation to the action. [Silberg v. Anderson, supra, 50 Cal.3d at 213-214, 266 Cal.Rptr. at 642; see Rothman v. Jackson (1996) 49 Cal.App.4th 1134, 1141, 57 Cal.Rptr.2d 284, 288]


Compare-- No intent or motives requirement:

The third requirement above (communication must further the objects of the litigation) is not a test of defendant's motives or purposes. It is simply part of the requirement that the communication have some logical relation to the litigation. I.e., as long as the communication is relevant to the litigation, it is absolutely privileged . . . regardless of defendant's selfish or evil motives. [Silberg v. Anderson, supra, 50 Cal.3d at 220, 266 Cal.Rptr. at 643-645; Rothman v. Jackson, supra, 49 Cal.App.4th at 1141, 57 Cal.Rptr.2d at 288]

So, in essence, you can scream and yell all you want about it, but you are helpless to do anything about it; e.g., you can't sue the DA because the parties or participants can say anything they want. The only person who CAN'T say anything like you've espoused, is the judge. That's appealable or reversable error if the judge says anything like that DURING the litigation. Now, at the sentencing stage, once you're convicted, that's a different story and the judge can say whatever he/she wants at that time.

IAAL

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