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Burden of proof - 42 Pa. Cons. Stat. § 8343

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     § 8343.  Burden of proof.
        (a)  Burden of plaintiff.--In an action for defamation, the
     plaintiff has the burden of proving, when the issue is properly
     raised:
            (1)  The defamatory character of the communication.
            (2)  Its publication by the defendant.
            (3)  Its application to the plaintiff.
            (4)  The understanding by the recipient of its defamatory
        meaning.
            (5)  The understanding by the recipient of it as intended
        to be applied to the plaintiff.
            (6)  Special harm resulting to the plaintiff from its
        publication.
            (7)  Abuse of a conditionally privileged occasion.
        (b)  Burden of defendant.--In an action for defamation, the
     defendant has the burden of proving, when the issue is properly
     raised:
            (1)  The truth of the defamatory communication.
            (2)  The privileged character of the occasion on which it
        was published.
            (3)  The character of the subject matter of defamatory
        comment as of public concern.

Last modified: November 27, 2007