Legal Question in Intellectual Property in California
If during litigation, parties agreed that no one can post depositions on the web, etc., does that also mean that if someone says something defamatory about you and you defend yourself with a verbal or written statement (which you testified under oath in the deposition) can you get into trouble? I am worried that if someone defames me after agreeing to such, that I could not say anything as a result of my agreement with opposing party. I would have to sit passively by and take it. Please clarify the law on this. Thanks.
1 Answer from Attorneys
I fail to see why there would be any connection between the "A" and the "B" of your question.
The parties agreement that no one will post depositions on the Web has little or nothing to do with defending yourself against defamation.
The things a person says on the record in his or her deposition are privileged under Civil Code section 47 and therefore usually cannot be the subject to a successful defamation suit.
If you are a party to a lawsuit that has gone this far and is this complex, you need a lawyer, and you should discuss your concerns with that lawyer. Otherwise, I'd suggest you either re-post your question with a lot more specifics about your concerns and/or contact me directly for a free consultation.
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