How To Prove A Florida Absolute Privilege Defense

 

 

In Florida, a defense of Absolute Privilege is defined as:

Absolute privilege, in defamation law, refers to the fact that in certain circumstances, an individual is immune from liability for defamatory statements. Absolute privilege applies to statements made in certain contexts or in certain venues, such as legislative or judicial settings.

It simply means:

In some contexts, a person can say anything (or almost anything) and not be held legally liable.

There are 2 elements of the defense:

• Element 1. The statements were made or committed in the course of judicial or quasi-judicial proceedings. Absolute privilege means that certain statements made during court cases or similar legal proceedings cannot be used against the speaker in a lawsuit, protecting them from legal consequences for what they say in that context.
  

  Facts that might support this element look like:

  * The statements in question were made during a court hearing where both parties presented their evidence and arguments.
  * The remarks were included in a sworn affidavit submitted to the court as part of the ongoing litigation.
  * The statements were made by a witness while testifying under oath during a deposition.
  * The comments were part of a legal brief filed with the court, outlining the defendant’s position in the case.
  * The statements were made during a mediation session, which was conducted under the auspices of the court.

• Element 2. The statements are connected with, or relevant or material to, the cause in hand or subject of inquiry. In a legal context, this means that certain statements made during a trial or official proceeding are protected from being used against someone, as they are directly related to the case being discussed or investigated.
  

  Facts that might support this element look like:

  * The statements made during the court proceedings directly addressed the allegations presented in the case.
  * The comments were made in the context of a judicial inquiry, where the truthfulness of the statements was essential to the resolution of the matter.
  * The statements were relevant to the credibility of witnesses involved in the case, impacting the overall outcome.
  * The discussion centered on facts that were material to the legal issues being adjudicated, influencing the judge’s decision.
  * The statements were made in a formal setting, where the parties were obligated to present their arguments related to the case at hand.

^{(See DelMonico v. Traynor, 116 So. 3d 1205, 1212 (FL Dist Court of Appeals 2013).)}
If you’re in court without a lawyer and plan to assert a Defense of Absolute Privilege, it’s essential to have a strong strategy in place. Engaging in a Personal Practice of Law at Courtroom5 will help you determine what to file at each phase of your case and prepare the necessary legal documents. You’ll benefit from thorough legal research and a solid analysis of the facts to effectively support your defense.

Prove Your FL Absolute Privilege Defense

U.S. Civil Cases Only