In an action mentioned in RCW 4.36.120, the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he or she proves the justification or not, he or she may give in evidence the mitigating circumstances.
[ 2011 c 336 § 106; Code 1881 § 100; 1877 p 22 § 100; 1854 p 143 § 62; RRS § 293.]

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Terms Used In Washington Code 4.36.130

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.