4.36.130 - Answer in justification and mitigation.

Answer in justification and mitigation.

In an action mentioned in RCW 4.36.120, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances.

[Code 1881 § 100; 1877 p 22 § 100; 1854 p 143 § 62; RRS § 293.]