QUESTION
What evidence do I need for Liabel or Slander
Asked on Sep 12th, 2020 on Civil Litigation - Oklahoma
More details to this question:
A local business has besmirched my good name with falsehoods. So much so that an old client called me to complain about something I did not do. The other advised this client that I was using sub-par jewelry for her procedure stating that is is nickel coated. This is untrue and can be proven. This is only one incident and although some are just a poor opinion. Others are accusations from the competitor that I stole from them (in so much that a cease and desist order was sent claiming I stole clients) of theft. As I worked there for two years before moving to another store and then the lies started. What paperwork, recording or signed affidavits should I collect?
1 ANSWER
A signed affidavit is an out of court statement which you would be using to prove the truth of the matter asserted therein, or in other words hearsay, and as a general rule inadmissible as evidence at trial, since the other side doesn't have the opportunity to cross examine the affiant. In some states, and I don't know if Oklahoma is one, a recording of a conversation made without the consent of all parties to it is illegal, and would not be admissible at trial. Assuming that you have no documents in which your competitors made these false statements (and remember you will have the opportunityt o obtain relevant documents during the discoveyr phase of your lawsuit), you will need to have the people to whom these false statements were made testify to that effect. That is a long way off. First start the lawsuit.
BTW,, libel is written defamation, slander is oral defamation.
Answered on Sep 13th, 2020 at 4:15 PM