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Nevada Retraction Laws
"Under Nevada law, a defamation plaintiff may recover no more than special damage unless a proper retraction demand has been made on the publisher and a retraction has been refused. In order to provide that protection the retraction must be published within twenty days from receipt of the demand. NRS §41.331, et seq.
What A Retraction Demand Should Contain
Generally, the person making the demand should tell you what was said, why it is defamatory, what the true facts are, and how when and where they want a retraction published. NRS §41.336(2). If the demand does not contain all those elements it may be legally insufficient, but do not treat it as such. If a valid question is raised and you learn that you were in error, go ahead and correct the error and apologize. If the letter does not contain a clear or sufficient demand for retraction your lawyer should contact the person making the demand to clarify what is desired.
What a retraction demand cannot do is require you to phrase the retraction in a certain manner.
As long as you comply with the law's requirements for contents and placement of a retraction you need not use the particular language demanded by a potential plaintiff. NRS §41.337.
What A Retraction Should Contain
A retraction must make it clear that the fact complained of was actually untrue. Simply saying that a person has complained or alleges something to be untrue is insufficient. You should fairly set forth what was said, that it was untrue, and that you apologize for the error.
You should publish the retraction in substantially as conspicuous a manner as the original defamation. Try to publish to the same audience who received the original untruth. If the story was broadcast on the Monday news at 6:00 (unless time constraints forbid it) publish your retraction on the same day and time. If the defamation was in a headline, you may need a headline correcting the mistake followed by an appropriate story.
An example of a retraction might be:
Headline: This Paper Made A Mistake About John Smith
Last Friday we published a story saying John Smith was arrested for illegal possession of a still. The story was in error. We should have reported that John Brown was arrested for the violation. Mr. Smith was not arrested and according to the police is not a suspect or in any way involved in the case. We apologize for any inconvenience or distress our error may have caused to Mr. Smith.
The Lawyer’s Role In Drafting Retractions
When you learn of defamation you should immediately contact counsel. Your lawyer should review any initial correction preceding a demand letter, and should be involved immediately if you receive a retraction demand letter. A legally sufficient retraction is an extremely effective shield against a defamation suit; don't give it up by failing to keep your attorney in the loop."
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""When you are served with a Complaint, notify your Editor and your attorney immediately. In the normal course you have only twenty days to answer the Complaint. Nevada Court Rule 12. If an extension is not obtained by your attorney, or an Answer or other response is not filed, a default may be entered against you.
On occasion the opposing party will give no extension and your attorney may need all that twenty days to investigate the case and prepare a response. Accordingly, it is very important that you notify your lawyer immediately.
Once you are aware that a lawsuit may be filed, be careful to preserve evidence. If you are contacted by anyone outside your paper about the case, refuse to discuss it and keep careful notes of what was said. The foundational elements for admitting evidence are essentially the same as those for a good news story. Record what was said, by whom, when, where and how (i.e. by phone, in person etc.).
If you have notes, tapes, video outtakes, etc., be careful to keep them safe. Your attorney will certainly want to review them with you.
In general, as the defendant in a defamation case, you can expect to see a process which proceeds as follows:
1.) Normally, before an Answer is filed, your attorney will file a Motion to Dismiss the Complaint. This is an attempt to defeat some or all of the allegations of the Complaint. For example, the Complaint may seek general damages for defamation, which would be barred by an adequate retraction. A Motion to Dismiss would try to get rid of that claim so that it would not even have to be answered.
2.) Once the court rules on the Motion to Dismiss your lawyer will file an Answer. The Answer sets out your admissions and denials of various allegations as well as your affirmative defenses. Affirmative defenses state a reason the Plaintiff cannot recover other than a denial that what he says happened. They may include the truth or substantial truth of what was published, lack of constitutional malice under the First Amendment, consent by the Plaintiff, and a host of other possibilities.
3.) Under certain circumstances the Answer may also set forth counterclaims against the Plaintiff, cross-claims against another defendant, or third party claims against someone outside the lawsuit.
4.) Following the filing of the Answer the parties generally engage in discovery. Since the reputation of the Plaintiff is a direct issue in any defamation case, discovery may be very broad, indeed. In addition, the Plaintiff will try to discover your notes and sources. They are privileged under the Shield Law, but the Nevada Supreme Court has held that you cannot refuse to reveal them and then present them at trial. Las Vegas Sun v. District Court, 104 Nev. 508, 761 P.2d 849 (1988). Accordingly, you and your attorney must make a reasoned decision whether to reveal notes and sources. That may depend on a number of factors including the potential effect on other sources and promises of confidentiality, as well as the general philosophical reluctance to give access to notes.
5.) When your attorney is satisfied with the amount of discovery obtained (often that will focus on the Plaintiffs damages) the next step will often be a Motion for Summary Judgment. That motion asks the court to decide that based on the uncontradicted facts shown by Affidavits and other evidence, you are entitled to win as a matter of law.
6.) If the Motion for Summary Judgment is not granted in its entirety, you will probably proceed to trial. Keep in mind that a trial is often only one step in a process which leads to appeals. Judges may allow Plaintiffs to do things with which Courts of Appeal disagree. Newton v. NBC, 930 F.2d 662 (9th Cir. 1990).
The entire process is long and often stressful and difficult. Try to keep as informed as possible about what's happening. Feel free to call your lawyer and ask questions. Ask her or him to send you copies of everything that's filed in the case. Ask for an overview of the strategy and tactics being used by your attorney. Those are things you are entitled to know, and you will feel better for knowing them. Above all, try to maintain a sense of humor and a sense of perspective. Things could be worse; you could have been charged with criminal libel."
Source of Above Quotes and Lot's More Information
http://www.nevadapress.com/nevadapress.com/Handbook_4_Defamation.html
Hey what if the Lawyer is the One Suing?
What if there was no Retraction asked for and YET the Plaintiff WINS Automatically with no retraction requests or First Amendment Adjudication before filing a SLAPP suit, costing his Target. aKa Defendant Time and Money, Stress, and Massive Intellectual Property.
Sues and Yet did not Ask for RETRACTON FIRST, Hmmm....??
Say, If you don't ask for a Retraction, Can you STEAL Massive Domain Names and Delete Massive Blogs and Online Content of your "Target"? aKa Defendant in your Chilling Speech, SLAPP Lawsuit ?
Nevada Retraction Laws DO Not APPLY to Nevada Lawyers According to the District of NEVADA as the LAWS are simply tossed aside like the parting of the Red Sea for SPECIFIC, Privileged Las Vegas Law Firms."
Originally Posted at
http://chillingeffectlawsuit.blogspot.com/2013/01/nevada-retraction-laws-you-must-give.html
