In an action mentioned in RCW 4.36.120, the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he or she proves the justification or not, he or she may give in evidence the mitigating circumstances.
RCW 4.36.130
Answer in justification and mitigation.
Applied in 1 court decision — leading case 57 Wash. 2d 549 - Farrar v. Tribune Publishing Co. (1961)
Most recently applied in 57 Wash. 2d 549 - Farrar v. Tribune Publishing Co. (January 1961)
2011 c 336 s 106; Code 1881 s 100; 1877 p 22 s 100; 1854 p 143 s 62; RRS s 293.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.