Have Legal Questions? Ask a Lawyer Now.
I have sent your expert a note letting him know that your question awaits him. He will see it when he next checks his email.
Thanks for your patience!
I'm sorry for the delay in getting back to you on this question.
Republication of a defamatory statement can create liability on the republicator. You could only add her to the case as a defendant if the plaintiff is suing you for the exposure of the alleged defamatory statement to a third party which she actually caused.
For example, if you sent her an alleged defamatory statement, that is one publication on which you could be held liable. If she turns around and sends it to a third party, then she is responsible for that publication, not you. If that is the scenario then you would be able to bring her in as a third party.
She is not liable for gathering the evidence though. If she is simply showing him the alleged defamatory statements you made to her, this does not create liability on her part.
She called friends and family and told them about the statements and where to find them in order to bolster plaintiff's case.
If I understand you correctly this qualifies?
So if it comes to it, how do we add her?
That seems to me to qualify.
How far into the litigation are you? My understanding is this has been going on for a while. The court usually provides a scheduling order which has a cut-off date for adding parties. Has the court done this and if so has that date passed?
All I've seen are hearing scheds and such. Trial is end of august.
You are going to have to file a Motion for Leave for Third Party Complaint and then a Third Party Complaint against her to bring her into the case.
See Rule 14 :
Or the man, thanks again.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).