In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to reduce the amount of damages, and whether he prove the justification or not, he may give mitigating circumstances in evidence.
§ 38-2-9 NMSA 1978
[Truth and mitigating circumstances in action for libel or slander.]
Applied in 1 court decision — leading case L. Lobos Renewable Power, LLC v. AmeriCulture, Inc. (2018)
Most recently applied in L. Lobos Renewable Power, LLC v. AmeriCulture, Inc. (March 2018)
Laws 1897, ch. 73, § 75; C.L. 1897, § 2685 (75); Code 1915, § 4155; C.S. 1929, § 105-531; 1941 Comp., § 19-409; 1953 Comp., § 21-4-9.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.