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legalg, Attorney
Category: Personal Injury Law
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Experience:  General Practitioner. Research Attorney
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If person A said untruthful and defaming statements about

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If person A said untruthful and defaming statements about person B in A's declaration and in a court hearing, and the declaration and court hearing transcript become public records.B becomes well known for some reason at a later time. Some media company reported the above public records (as is) about B on the Internet etc.Would B has a defamation claim against such media company? Would such media company excuse them that no one tell them those public records contain defamation statements? Would there be anyway to prevent such problems from the beginning? Thank you.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am sorry to hear this;

comments made during litigation are generally afforded free speech protection due to the interest of free speech (no chilling effect) for litigious purposes; the remedy for avoiding possible publication is to request that the court papers be sealed -that requires a court petition.
But normally a company/person can cite public records without recourse, since it is in fact a court /public record.

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Customer: replied 12 days ago.
Thanks for your answer. You mentioned 'the remedy for avoiding possible publication is to request that the court papers be sealed -that requires a court petition.' Wondered if you could let me know what would be the reason when requesting the court seal the records?Also, just wanted to confirm: if someone knows the public records contain untruthful and defaming statements, such as there is a court document in the same case that the court found those untruthful and defaming statements or the DA determined those statements are perjury, and if he/she still distribute such defaming public records (before they are sealed), he/she won't have any consequences?Thank you.
The reason for the request could be the public personality issue. When legal documents contain personal information about a public figure and there is no compelling reason for the public to have access, the court may seal them.
legalg and 3 other Personal Injury Law Specialists are ready to help you
For the second question, the revelation of court documents is not normall actionable even if false because the publication of court documents may simply assert that they exist, which would be factual and truth of their existence is a defense.