Legal Question in Constitutional Law in North Carolina

slander

I was attending my sisters child custody hearing, as a character witness. My sisters exhusband (a practicing attorney) and his representing attorney requested that all witnesses be removed from the room. All witnesses were there for my sister. The request was denied by the judge. After the first recess, the exhusband again requested the witnesses to be removed. I feel he slandered me in the courtroom in front of everyone. He said that I had threatened his life several times and was presently provoking him in the courtroom. This is an outright lie and a defamation of my character. Do I have a case against him?


Asked on 5/23/02, 12:48 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: slander

As a general matter, statements made in Court are "protected," and cannot support a defamation claim. "The general rule is that a defamatory statement made in the due course of a judicial proceeding is absolutely privileged and will not support a civil action for defamation, even though it be made with express malice." Jarman v. Offutt, 239 N.C. 468, 472, 80 S.E.2d 248, 251 (1954). Therefore, based on that authority alone, you would probably have no claim.

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Answered on 5/23/02, 8:08 am


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