Legal Forms to File for Defamation of Character
Defamation of character is a civil injury that is remedied by filing a civil lawsuit. In nearly every state, civil lawsuits are filed with the same forms regardless of the subject matter of the cause of action. Plaintiffs who have been defamed must submit a complaint pleading detailing the facts of the case, the applicable state or federal law and why the court should find in his favor. This must be submitted to the clerk with a summons to be served upon the defendant. Most states require an affidavit form to be filed certifying that the defendant has been properly served and is on notice of the pending lawsuit. These three forms are all that will be needed to commence a defamation lawsuit.
Complaint Pleading
The most important form to be filed in a suit for defamation is the plaintiff's complaint form. Each state civil procedure code will provide details as to exactly what the format of a complaint should resemble. However, each state requires virtually identical information in civil complaint forms. First, the form must identify the plaintiff and defendant's full legal name as well as the court within which the plaintiff is filing the suit. Then, short and plan statements of fact must be listed to inform the court of the general details surrounding the defamatory incident. These need not be overly detailed, as there will be time to expound upon details at the trial. Second, the plaintiff must include the state statute or code listing defamation as a cause of action. Lastly, the complaint should connect the unique set of facts to the state law to explain why the plaintiff should recover in this situation.
Summons
A summons is a simple legal form that is filed with any civil complaint. It is essentially designed to "summon" the defendant to appear in court to defend against plaintiff's defamation claims. It is always attached to the complaint when submitted to the court. The form explains to the defendant that he has a certain number of days, usually 20 or 30, to answer the complaint and file his pleadings in to the court. The document details the plaintiff and defendant's identity and warns the defendant that his failure to answer will result in a judgment against him.
Affidavit of Service
It is imperative that all defendants to a defamation lawsuit receive copies of both the complaint and summons. The complaint informs defendants of the nature of the claims against them and the summons describes the penalties if the defendant does not answer. A court of law will not hear a defamation suit if the defendant was not properly served in adherence to the requirements in the state code. Thus, the defendant must sign an affidavit when he receives the complaint and summons signifying that he in fact received the documents and is aware of the lawsuit. The affidavit of service is usually returned to the court by the process server and filed in the case file.
Miscellaneous Forms
Other miscellaneous forms may be required during a defamation lawsuit depending on the nature of the case. In some cases, parties will file motions before the trial relating to various points of conflict or issues that have arisen. Motions to compel are routinely filed when parties refuse to turn over evidence in discovery. Motions to suppress are also filed when one party believes the other party's proposed evidence violates evidentiary or constitutional rules.
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