Legal Question in Family Law in New Hampshire

Slander in Court

Can a person who is not a party in a case be brought up in court by one of the parties in a fashion that slanders the person who is not a party?


Asked on 2/08/05, 1:02 pm

1 Answer from Attorneys

Len Foy NH Residential Title & Escrow

Re: Slander in Court

Hi -

My name is Len Foy and I am an attorney in New Hampshire and Massachusetts. I'm with Gould & Gould, we're in Londonderry NH and our phone # is 603-434-3437.

Your question is vaguely-worded, but I think I know what it is that you are inquiring about. As an example, if a husband and wife were divorcing and one of them claimed that the other had an affair WHICH CAUSED THE BREAKDOWN OF THEIR MARRIAGE, then the "other woman" or the "other man" could be identified in court papers and even made a party to the divorce case.

As for it being slander (or libel), it would only be defamation if it were untrue - and there is a litigation privilege and other privileges which give parties to lawsuits some latitude in terms of their allegations and legal positions.

If you have any further questions feel free to call me directly - all consultations are held in strict confidence.

Regards & Good Luck -

Leonard Foy, ESQ.

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Answered on 2/10/05, 7:41 am


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