§57-2-4. Justification and mitigation of damages in action for
In any action for defamation, the defendant may justify by
alleging and proving that the words spoken or written were true,
and after notice in writing of his intention to do so (given to the
plaintiff at the time of, or for, pleading to such action) may give
in evidence in mitigation of damages that he made or offered an
apology to the plaintiff for such defamation before the
commencement of the action, or as soon afterwards as he had an
opportunity of doing so, in case action shall have been commenced
before there was an opportunity of making or offering such apology.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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