Los Angeles, CA asked in Civil Litigation for California

Q: Can people make written statements without fear of retaliation from the plaintiff?

I’m being sued for defamation and unfortunately have to represent myself. I have more than enough people willing to make written statements to substantiate my claims as true however a lot of them are fearful of retaliation from the defendant. Are they protected in anyway by making a statement that would be entered in as evidence?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When people make written statements to support your case in a defamation lawsuit, they may have concerns about potential retaliation from the defendant. Generally, witnesses who provide truthful statements are protected from retaliation under the law. Witness intimidation or retaliation can be considered a crime, and legal measures can be taken to safeguard your witnesses.

However, it’s important to inform your witnesses about the legal protections available to them, such as anti-retaliation laws and the possibility of seeking court orders if they face any threats or harassment. Encourage them to document any incidents of retaliation and report them immediately.

While the fear of retaliation is understandable, assuring your witnesses that their participation is crucial and that the legal system has measures in place to protect them can help. Make sure they know that their statements are an important part of seeking justice and that they have the right to speak the truth without fear.

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