38-2-9: [Truth and mitigating circumstances in action for libel or slander.]
Where this section sits in the code
- Chapter 38 - Trials
- ARTICLE 2 Pleadings and Motions
In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to reduce the amount of damages, and whether he prove the justification or not, he may give mitigating circumstances in evidence.
Collected 2026-09-03T15:02:19Z. Source file · JSON