Legal Question in Family Law in Nevada
slanderous accusations - separate motion?
What is the name of your state (only U.S. law)? NV
Rather than deny each slanderous false accusation, can I file a motion (of some kind) to request the Court (do something - maybe sanction) for statements that are made to impugne my character but cannot be proven at an evidentiary hearing and that the oppostion offers no proof, and ''if'' they allege I ''said something'' (like file false accusations with CPS) -- what those accusations were (or even if they were true or not)
I.E. they claim I made up false accusations and reported that abuse to CPS (although there was a report to CPS filed by the child's school, not me)
The ''odd'' part of this is that the opposition repeats ''certain accusations'' but the details ''vary'' and most versions conflicts conflict with prior versionos so that the accusations ''cannot be all be true at once''
1 Answer from Attorneys
Re: slanderous accusations - separate motion?
Allegations, even if the are false, are not actionable in Nevada for defamation, if they are made in legal pleadings.
Libel is the written form of defamation; slander is the oral form.
If there was an affidavit or declaration accompanying the motion, you can ask the Court to refer the matter to the DA for prosecution of perjury---false statements made under oath.
Rarely, if ever, does the Court refer the matter to the DA and even more rare, does the DA ever prosecute for perjury.