Legal Question in Civil Litigation in New York
Libel Suit Question
I am suing someone for libel. I have called three people for depositions -- all of whom will say she committed the libel, verbally and in print. She has not called anyone for a deposition other than me (plaintiff). How unusual is that? What does it or doesn't it say about the strength of her defense? What should I be prepared for?
3 Answers from Attorneys
Re: Libel Suit Question
What it seems to say is that you don't know what you're doing. Calling non parties for depositions to say only that the defendant committed the libel is almost certainly a waste of time.
You should be prepared to have you case challenged on the actual law of libel, rather than some fanciful or popularized concept of what it takes to win a defamation action.
Re: Libel Suit Question
The quality of your adversary's defense may have no relationship to your expenditure in prosecuting the case. Her best defense may be your testimony. If you are pro se it may be in your best interest to research the actual definition of libel and the elements of proving your case.
Re: Libel Suit Question
Having handled numerous free speech and defamation cases, I can tell you that the standard for proving these cases are usually extremely high. I hope that you have a lawyer who is assisting you through this process. If not, please contact my office and we can discuss this matter in greater detail.
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