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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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How do I fill out the form , or write the complaint for a

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How do I fill out the form , or write the complaint
for a civil action for defamation?
Hello and thank you for requesting me. I am away from the site at the moment, ergo, I will open this up for other experts. Your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS unless you actively disable these features.

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Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

Performing actual services is beyond the scope of this site. I can give you some examples of a typical complaint but it appears that you really need to retain an attorney. Do you want me to continue but please note that it would not be bad or poor service. Thanks
Customer: replied 4 years ago.
Yes
The general form of a complaint is the same in all states. Here is a typical complaint.

http://www.kinseylaw.com/attyserv/civil/complaints/emodist.html

here is a typical complaint for defamation

http://media.miamiherald.com/smedia/2008/01/28/20/Complaint.Revised.source.prod_affiliate.56.pdf


Here are the elements in Hawaii and some case law references

A plaintiff must establish the following four elements to sustain a claim for defamation:
a) a false and defamatory statement concerning another;
b) an unprivileged publication to a third party;
c) fault amounting at least to negligence on the part of the publisher [actual malice where the plaintiff is a public figure]; [[4]] and
d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication.
Gold v. Harrison, 88 Hawai'i 94, 100, 962 P.2d 353, 359 (1998) (brackets in original except for those surrounding the footnote) (quoting Dunlea v. Dappen, 83 Hawai'i 28, 36, 924 P.2d 196, 204 (1996)).
" ‘ [T]ruth is an absolute defense’ to defamation." Gonsalves v. Nissan Motor Corp. in Hawai'i, Ltd., 100 Hawai'i 149, 173, 58 P.3d 1196, 1220 (2002) (citation omitted). The literal truth of every word or detail of the challenged statement is not required; the statement need only be substantially true. Kohn v. West Hawai'i Today, Inc., 65 Hawai'i 584, 590, 656 P.2d 79, 83 (1982) (" t is sufficient if the substance, the gist, the sting, of the matter is true."); Basilius v. Honolulu Publ'g Co., 711 F.Supp. 548, 551 (D.Haw.1989).

  • Wilson v. Freitas, 214 P.3d 1110, 121 Hawai'i 120 (Hawai'i App. 2009)

lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience: Practicing family law attorney
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