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Supreme Court Rules



Section/Rule:
55.20

Subject:
Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings
Publication / Adopted Date:
January 19, 1973

Topic:
Libel and Slander Averments - Defenses
Revised / Effective Date:
January 1, 1994

55.20. Libel and Slander Averments - Defenses

In an action for libel and slander, it shall not be necessary to state in the petition any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the claim arose, but it shall be sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be not controverted in the answer, it shall not be necessary to prove it on the trial; in other cases it shall be necessary. The defendant may, in the answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence to reduce the amount of damages; and whether the defendant proves the justification or not, the defendant may give in evidence any mitigating circumstances.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1974