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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Me again: Since our youngest daughter informed third parties

Customer Question

Me again:

Since our youngest daughter informed third parties of the alleged defamatory statements, and gathered evidence for plaintiff, how do we/can we make a motion to have her added as a co-defendant for being instrumental in anyone but her and her sister witnessing the statements? It makes her a contributor to publication and/or repeater of statements, correct?
Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.

Hello,

 

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!

Expert:  Zachary replied 1 year ago.

Hi,

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.

Customer: replied 1 year ago.

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?

Expert:  Zachary replied 1 year ago.

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?

Customer: replied 1 year ago.

All I've seen are hearing scheds and such. Trial is end of august.

Expert:  Zachary replied 1 year ago.

OK,

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 :

http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Zachary, Attorney
Category: Legal
Satisfied Customers: 3998
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Or the man, thanks again.

Expert:  Zachary replied 1 year ago.
No worries. Gald to help :-)

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