First Adopted: January 19, 1973
Most Recently Effective: January 01, 1994
Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings
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.
Committee Note – 1974
This is the same as prior Rule 55.22.
(Adopted January 19, 1973, effective September 1, 1973. Amended September 28, 1993, effective January 1, 1994.)