Texas Civil Practice and Remedies Code 73.055 – Request for Correction, Clarification, or Retraction
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(a) A person may maintain an action for defamation only if:
(1) the person has made a timely and sufficient request for a correction, clarification, or retraction from the defendant; or
(2) the defendant has made a correction, clarification, or retraction.
(b) A request for a correction, clarification, or retraction is timely if made during the period of limitation for commencement of an action for defamation.
Terms Used In Texas Civil Practice and Remedies Code 73.055
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) If not later than the 90th day after receiving knowledge of the publication, the person does not request a correction, clarification, or retraction, the person may not recover exemplary damages.
(d) A request for a correction, clarification, or retraction is sufficient if it:
(1) is served on the publisher;
(2) is made in writing, reasonably identifies the person making the request, and is signed by the individual claiming to have been defamed or by the person’s authorized attorney or agent;
(3) states with particularity the statement alleged to be false and defamatory and, to the extent known, the time and place of publication;
(4) alleges the defamatory meaning of the statement; and
(5) specifies the circumstances causing a defamatory meaning of the statement if it arises from something other than the express language of the publication.
(e) A period of limitation for commencement of an action under this section is tolled during the period allowed by Sections 73.056 and 73.057.