Revised Code of Washington

Wash. Rev. Code § 4.36.130 (2026)

Answer in justification and mitigation

✓ current as of May 2026

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

[ 2011 c 336 s 106; Code 1881 s 100; 1877 p 22 s 100; 1854 p 143 s 62; RRS s 293.]

Notes of Decisions

Cited in 1 case, 1961–1961 · leading case: Farrar v. Tribune Publ'g Co., 358 P.2d 792 (Wash. 1961).

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Farrar v. Tribune Publ'g Co., 358 P.2d 792 (Wash. 1961). · cites it 9× “130, plead and prove all of the mitigating circumstances, and that the court cannot hold, in the face of this statute, that such pleading should be stricken or the evidence rejected on the theory that only punitive damages can be mitigated.”

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