Is it slander if someone names you in court papers saying you’re living with someone and having an adulterous affair, if you’re not?

Asked on October 27, 2011 under Personal Injury, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Allegations made in court or in court documents are NOT defamatory.  The statement you cited is NOT libel (written defamation) or slander (spoken defamation).  If the statement had not been made in court or in court documents, it would be defamatory.

The reason statements made in court or court documents are not defamatory is that almost every allegation made by an opposing party in court or court documents would be construed as defamatory in the course of litigation.  You have the right to confront your accusers in court.

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