Can you sue someone for defamation if they lied about you in court? [Law class question]?

by **kirklin** » Tue Dec 12, 1989 1:15 pm

This is a question I have in Business Law:

Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

True or False?

by **teithi71** » Mon Mar 14, 2005 5:33 pm

True, PROVIDED that it can be proven that the statement was a lie, AND that the person KNEW it was a lie.

There is a vast difference between something which cannot be proven TRUE and something which can be proven FALSE.

by **caomh** » Sun Aug 03, 2008 6:38 am

I'll break the tie for you.

It is false. Persons have an absolute defense to defamation when making statements in the scope and course of legal proceedings, provided the statements are pertinent to the underlying subject matter of the proceedings. This defense extends to all participants, including the plaintiff and defendant, witnesses, the judge, and attorneys.

See 2d Restatement of Torts section 587; Ramstead v. Morgan (Oregon 1959)

by **larry** » Fri Dec 24, 2010 8:42 pm

False. All statements made by the judge, jurors, counsel, witnesses, or parties in judicial proceedings are absolutely privileged.

by **marlan43** » Thu Oct 27, 2011 10:16 am

This is a question I have in Business Law:

Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, "Rana was fired for willful misconduct." Indeed, Rana had not engaged in any misconduct. Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

True or False?

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