1724. Affirmative Defense—Statute of Limitations—Defamation

Defendant contends that Plaintiff’s lawsuit was not filed within the time set by law. To succeed on this defense, Defendant must prove that he/she first communicated the alleged defamatory statement to a person other than Plaintiff before insert date one year before date of filing. For statements made in a publication, the claimed harm occurred when the publication was first generally distributed to the public.

If, however, Plaintiff proves that on insert date one year before date of filing he/she had not discovered the facts constituting the defamation, and with reasonable diligence could not have discovered those facts, the lawsuit was filed on time.