How Can I Sue Someone for Slander in Tennessee?
Slander is a false spoken statement made about you by someone else that causes some type of harm or damage. These damages may include emotional stress, physical harm or financial hardship. In the state of Tennessee, lawsuits may be filed against an individual for slander by petitioning a federal court for relief; however, you must prove that the verbal statement caused harm and that the accused made the false statement intentionally or with no thought as to the outcome of the truth. In Tennessee, there are three federal court locations you may choose depending on the area of the state in which you live. While lawsuits can be unsettling, having a clear understanding of the process will help relieve some anxiety.
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Instructions
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Gather proof, otherwise known as evidence, that someone has slandered you. Locate any evidence that has been created. This evidence can be in the form of news print, Internet websites or any other documented statement. The Tennessee sunshine laws, or open record laws, will give you access to government records and meeting notes if the slander occurred in a public forum. Create a list of witnesses to the statements made about you, as these people may be called to testify on your behalf.
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Hire a Tennessee licensed attorney with experience in handling federal lawsuits. Check to make sure the attorney is in good standing with the Tennessee Bar Association before hiring him. Provide your attorney with all your case information to act on your behalf. If you do not want to hire an attorney, you can represent yourself; however, you will need to learn how to properly format legal documents. You can learn how to draft legal documents by looking up civil suit petition formats in the "Rules of Federal Procedure Guide." You can find this guide in bookstores and on the Internet.
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Submit your lawsuit petition to one of the three federal courts in Tennessee for your area of residence. In East Tennessee the federal courthouse is located in Knoxville; in Middle Tennessee it is located in Nashville; in West Tennessee it is located in Memphis. You will submit your petition to the federal court clerk and pay a filing fee. You will then send a copy to the local sheriff's office for the county in which the defendant resides, to be served. You will also send a $25 check to the sheriff's office for service fees (cost as of 2011).
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Appear with you attorney, if you have one, in the appropriate Tennessee federal court on the date set by the court clerk for an initial hearing. Bring with you any evidence and witnesses you intend to subpoena. Answer any questions the judge may have regarding your case. The judge will then decide whether to dismiss your case or set a trial date. Before the trial date, you can settle the suit out of court or drop the suit, if necessary.
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Tips & Warnings
Do not provide any false or misleading information during this process, as you could be subject to civil liability or prosecution for perjury.
References
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