COMPLAINT FOR SLANDER

IN THE [____] COURT OF [________________________________]

COUNTY OF [________________________________]

Case No.: [________________________________]

COMPLAINT FOR SLANDER
(Oral Defamation)

[________________________________]
Plaintiff,

v.

[________________________________]
Defendant(s).

I. INTRODUCTION

1. This is an action for slander arising from Defendant's oral publication of false and defamatory statements concerning Plaintiff. The slanderous statements were made on or about [__/__/____] to third parties and have caused severe damage to Plaintiff's reputation, professional standing, and emotional well-being.

II. PARTIES

2. Plaintiff [________________________________] ("Plaintiff") is:
   - ☐ An individual residing at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________]
   - ☐ A business entity doing business as [________________________________]

3. Defendant [________________________________] ("Defendant") is:
   - ☐ An individual residing at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________]
   - ☐ An individual employed by [________________________________] who made the statements in the course and scope of employment
   - ☐ Other: [________________________________]

4. The true names and capacities of Defendants sued herein as DOES 1 through [____] are unknown to Plaintiff, who will amend this Complaint to allege their true names and capacities when ascertained.

III. JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action pursuant to [________________________________].

6. This Court has personal jurisdiction over Defendant because:
   - ☐ Defendant resides in this jurisdiction
   - ☐ The slanderous statements were made in this jurisdiction
   - ☐ Plaintiff suffered harm in this jurisdiction
   - ☐ Other: [________________________________]

7. The amount in controversy exceeds $[________________________________], exclusive of interest and costs.

8. Venue is proper in this Court pursuant to [________________________________].

IV. FACTUAL ALLEGATIONS

A. Background

9. Plaintiff is:
   - ☐ A private individual
   - ☐ A limited purpose public figure for purposes of [________________________________]
   - ☐ A public figure
   - ☐ A public official

10. Plaintiff's profession/occupation is: [________________________________]

11. At all relevant times, Plaintiff has maintained a good reputation in the community for [________________________________].

12. Prior to the events described herein, Plaintiff and Defendant had the following relationship: [________________________________]

B. The Slanderous Statements

13. On or about [__/__/____], Defendant spoke the following false and defamatory words concerning Plaintiff:

SLANDEROUS STATEMENT NO. 1:

The substance of the oral statement was:

"[________________________________]"

• Date Spoken: [__/__/____]
• Time (approximate): [________________________________]
• Location: [________________________________]
• Persons Present: [________________________________]
• Context/Circumstances: [________________________________]

SLANDEROUS STATEMENT NO. 2 (if applicable):

The substance of the oral statement was:

"[________________________________]"

• Date Spoken: [__/__/____]
• Time (approximate): [________________________________]
• Location: [________________________________]
• Persons Present: [________________________________]
• Context/Circumstances: [________________________________]

SLANDEROUS STATEMENT NO. 3 (if applicable):

The substance of the oral statement was:

"[________________________________]"

• Date Spoken: [__/__/____]
• Time (approximate): [________________________________]
• Location: [________________________________]
• Persons Present: [________________________________]
• Context/Circumstances: [________________________________]

C. Publication to Third Parties

14. Defendant communicated the slanderous statements to the following third parties:

15. The statements were made:
    - ☐ In a private conversation overheard by third parties
    - ☐ At a public gathering/meeting
    - ☐ In a workplace setting
    - ☐ During a broadcast (radio, television, podcast)
    - ☐ During a telephone conversation with a third party
    - ☐ Via voicemail
    - ☐ Other: [________________________________]

D. Falsity of the Statements

16. The statements described above are false. Specifically:

As to Statement No. 1:
- The false assertion is: [________________________________]
- The truth is: [________________________________]

As to Statement No. 2 (if applicable):
- The false assertion is: [________________________________]
- The truth is: [________________________________]

As to Statement No. 3 (if applicable):
- The false assertion is: [________________________________]
- The truth is: [________________________________]

E. Identification of Plaintiff

17. The statements are "of and concerning" Plaintiff because:
    - ☐ Plaintiff was named directly
    - ☐ Plaintiff was identified by title, position, or description
    - ☐ The context made Plaintiff's identity clear to listeners
    - ☐ Those present recognized the statements referred to Plaintiff
    - ☐ Other: [________________________________]

V. FIRST CAUSE OF ACTION: SLANDER PER SE

18. Plaintiff incorporates by reference all preceding paragraphs.

19. The statements spoken by Defendant constitute slander per se because they fall into one or more of the following recognized categories:

• ☐ Imputation of Crime: The statements charge Plaintiff with having committed a crime, specifically: [________________________________]

• ☐ Loathsome Disease: The statements impute that Plaintiff has a loathsome or communicable disease, specifically: [________________________________]

• ☐ Professional/Business Incompetence: The statements injure Plaintiff in their trade, business, profession, or occupation by imputing to them incompetence, dishonesty, or conduct incompatible therewith, specifically: [________________________________]

• ☐ Unchastity/Sexual Misconduct: The statements impute unchastity or serious sexual misconduct to Plaintiff, specifically: [________________________________]

20. Because the statements are slanderous per se, Plaintiff is entitled to recover damages without proof of special damages.

21. Defendant made the statements with the requisite fault:
    - ☐ For Private Figure Plaintiff: Defendant acted negligently in making the statements without reasonable care to determine their truth or falsity
    - ☐ For Public Figure/Official Plaintiff: Defendant acted with actual malice, with knowledge that the statements were false or with reckless disregard of whether they were false or not

22. Facts demonstrating Defendant's fault include: [________________________________]

VI. SECOND CAUSE OF ACTION: SLANDER (NOT PER SE)

(For statements requiring proof of special damages)

23. Plaintiff incorporates by reference all preceding paragraphs.

24. In the alternative, or in addition to slander per se, the statements constitute actionable slander.

25. The statements are defamatory because they:
    - ☐ Expose Plaintiff to hatred, contempt, or ridicule
    - ☐ Injure Plaintiff's reputation
    - ☐ Cause Plaintiff to be shunned or avoided
    - ☐ Tend to injure Plaintiff in their occupation
    - ☐ Other: [________________________________]

26. As a direct and proximate result of Defendant's slanderous statements, Plaintiff has suffered the following special damages:

Economic Losses:
| Type of Loss | Description | Amount |
|--------------|-------------|--------|
| Lost Income | [________________________________] | $[________________________________] |
| Lost Business | [________________________________] | $[________________________________] |
| Lost Employment | [________________________________] | $[________________________________] |
| Lost Contracts | [________________________________] | $[________________________________] |
| Other | [________________________________] | $[________________________________] |

27. These special damages were the natural and proximate result of Defendant's slander.

VII. FAULT ALLEGATIONS

A. For Private Figure Plaintiff

28. Defendant knew or should have known that the statements were false because:
    - ☐ Defendant had no factual basis for the statements
    - ☐ Defendant failed to investigate before speaking
    - ☐ Defendant was informed the statements were false before speaking
    - ☐ A reasonable person would have known the statements were false
    - ☐ Other: [________________________________]

B. For Public Figure/Official Plaintiff

29. Defendant acted with actual malice because:
    - ☐ Defendant knew the statements were false when made
    - ☐ Defendant had serious doubts about the truth of the statements
    - ☐ Defendant recklessly disregarded evidence of falsity
    - ☐ Defendant fabricated the statements
    - ☐ Defendant had a motive to harm Plaintiff
    - ☐ Other: [________________________________]

30. Clear and convincing evidence of actual malice includes: [________________________________]

VIII. REPUBLICATION

31. After making the initial slanderous statements, Defendant:
    - ☐ Repeated the statements to additional persons on [__/__/____]
    - ☐ Encouraged others to repeat the statements
    - ☐ Confirmed or ratified the statements when questioned
    - ☐ Failed to correct the statements when given the opportunity

32. Each republication constitutes a separate and distinct act of slander.

IX. DAMAGES

33. As a direct and proximate result of Defendant's slanderous statements, Plaintiff has suffered substantial damages:

A. Presumed Damages (Slander Per Se)

34. Plaintiff is entitled to presumed general damages because the statements are slanderous per se.

B. General Damages

35. Plaintiff has suffered the following non-economic harm:
    - ☐ Severe damage to reputation
    - ☐ Humiliation and embarrassment
    - ☐ Mental anguish and emotional distress
    - ☐ Loss of personal and professional relationships
    - ☐ Loss of standing in the community
    - ☐ Physical manifestations of emotional distress, including: [________________________________]

C. Special Damages

36. Plaintiff has suffered the following specific pecuniary losses as a direct result of the slander:

a. Lost Income: $[________________________________]
Description: [________________________________]

b. Lost Business Opportunities: $[________________________________]
Description: [________________________________]

c. Lost Employment:
Description: [________________________________]
Salary/Benefits Lost: $[________________________________]

d. Medical/Counseling Expenses: $[________________________________]

e. Other Pecuniary Losses: $[________________________________]
Description: [________________________________]

D. Punitive/Exemplary Damages

37. Defendant's conduct warrants an award of punitive damages because:
    - ☐ Defendant acted with actual malice
    - ☐ Defendant acted with intent to harm Plaintiff
    - ☐ Defendant acted with reckless disregard for Plaintiff's rights
    - ☐ Defendant's conduct was willful, wanton, or oppressive
    - ☐ Defendant repeated the slander despite knowing it was false

38. Facts supporting punitive damages: [________________________________]

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. For general damages in an amount according to proof at trial;

2. For presumed damages as allowed by law for slander per se;

3. For special damages in the amount of $[________________________________], or such greater amount as proven at trial;

4. For punitive and exemplary damages in an amount sufficient to punish Defendant and deter similar conduct;

5. For a permanent injunction ordering Defendant to:
   - ☐ Cease and desist from making further slanderous statements
   - ☐ Retract the slanderous statements to all persons who heard them
   - ☐ Other: [________________________________]

6. For pre-judgment and post-judgment interest at the legal rate;

7. For costs of suit incurred herein;

8. For reasonable attorneys' fees as allowed by law;

9. For such other and further relief as the Court deems just and proper.

XI. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

DATED: [__/__/____]

Respectfully submitted,

_________________________________
[________________________________]
Attorney for Plaintiff

Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], declare:

I am the Plaintiff in the above-entitled action. I have read the foregoing Complaint for Slander and know its contents. The matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of [________________________________] that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________].

_________________________________
Plaintiff Signature

EXHIBITS

☐ Exhibit A: Declaration of Witness [________________________________]
☐ Exhibit B: Declaration of Witness [________________________________]
☐ Exhibit C: Evidence of Special Damages
☐ Exhibit D: Other: [________________________________]

STATE-SPECIFIC NOTES

California

• Cal. Civ. Code § 46 defines slander
• Four categories of slander per se under § 46
• One-year statute of limitations (Cal. Code Civ. Proc. § 340(c))
• Anti-SLAPP statute may apply

Texas

• Common law slander with statutory modifications
• Slander per se categories similar to Restatement
• One-year statute of limitations
• TCPA anti-SLAPP provisions apply

Florida

• Common law slander
• Two-year statute of limitations (Fla. Stat. § 95.11(4)(g))
• Special damages required unless slander per se

New York

• Common law slander
• One-year statute of limitations (N.Y. C.P.L.R. § 215(3))
• Must allege and prove special damages unless slander per se

SOURCES AND REFERENCES

• Defamation - Legal Information Institute
• Elements of Libel and Slander - FindLaw
• Digital Media Law Project - Defamation