Washington Code 7.96.040 – Request for correction or clarification
Current as of: 2023 | Check for updates
|
Other versions
(1) A person may maintain an action for defamation or another claim covered by this chapter only if:
Terms Used In Washington Code 7.96.040
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Summons: Another word for subpoena used by the criminal justice system.
(a) The person has made a timely and adequate request for correction or clarification from the defendant; or
(b) The defendant has made a correction or clarification.
(2) A request for correction or clarification is timely if made within the period of limitation for commencement of an action for defamation.
(3) A request for correction or clarification is adequate if it:
(a) Is made in writing and reasonably identifies the person making the request;
(b) Specifies with particularity the statement alleged to be false and defamatory or otherwise actionable and, to the extent known, the time and place of publication;
(c) Alleges the defamatory meaning of the statement;
(d) Specifies the circumstances giving rise to any defamatory meaning of the statement which arises from other than the express language of the publication; and
(e) States that the alleged defamatory meaning of the statement is false.
(4) In the absence of a previous adequate request, service of a summons and complaint stating a claim for defamation or another claim covered by this chapter and containing the information required in subsection (3) of this section constitutes an adequate request for correction or clarification.
(5) The period of limitation for commencement of a defamation action or another claim covered by this chapter is tolled during the period allowed in RCW 7.96.070(1) for responding to a request for correction or clarification.
[ 2013 c 294 § 4.]