How Long Do I Have to File a Defamation Lawsuit in North Carolina?

If you're thinking about bringing a defamation lawsuit to court in North Carolina, you need to understand and comply with the statute of limitations for these kinds of cases. Read on for some basics on defamation lawsuits in North Carolina, including details on the filing deadline for bringing a libel or slander case to court.

North Carolina Defamation Law

The basic elements of defamation under North Carolina law require anyone filing this kind of lawsuit (the plaintiff) to show that the defendant (the person they're suing):

• made a false statement
• which they published or communicated to one or more other people, and
• while knowing the statement was false (or while failing to exercise ordinary care in determining whether the statement was false).

The plaintiff will probably also need to show that they suffered "damages," meaning that the defamation caused them some kind of harm (like damage to their reputation, or financial losses).

What Is "Defamation Per Se" In North Carolina?

When a statement meets certain criteria in terms of subject matter and impact on the subject, it's considered "defamatory per se," meaning the plaintiff's harm is presumed.

False statements that often qualify as defamatory "per se" in North Carolina include those linking the plaintiff to certain criminal activity or to the having of certain infectious diseases, or those that harm the subject in their trade or profession.

Defamation Can Be Libel or Slander

In North Carolina, as in most states, defamation can take one of two forms: libel or slander. Libel is typically defined as a false, harmful statement that is written down, or published in print or online (including via social media or even in the "comments" section of a web page), while slander is any form of oral or spoken defamation.

Learn more about the elements of a defamation claim and the difference between libel versus slander.

The Deadline for Filing North Carolina Defamation Lawsuits

You have one year to file a defamation lawsuit in North Carolina, according to North Carolina General Statutes section 1-54(3), which sets this deadline for the filing of any civil action seeking a legal remedy for damages caused by libel or slander.

When Does the Statute of Limitations "Clock" Start?

For purposes of the North Carolina defamation statute of limitations, the "clock" begins to run on the date on which the defamatory statement is first made.

If the statement is later repeated, copied, or republished verbatim and in the same manner, the one-year clock probably won't reset, and the plaintiff likely won't be entitled to bring another lawsuit. What usually matters is the date on which the defamatory statement was first made or first published, for purposes of the running of the statute of limitations, and for purposes of asking a court for defamation damages.

Can the North Carolina Defamation Statute of Limitations Deadline Be Extended?

North Carolina law identifies a number of situations that could serve to delay the start of the statute of limitations "clock" for potential defamation lawsuits (or pause the clock after it has already started), effectively extending the one-year filing deadline.

For example, special rules usually apply if, at the time the allegedly defamatory statement is made, the subject (the person defamed) is under the age of 18 or has been declared insane or legally incompetent. In those situations, since the potential plaintiff is considered under a "legal disability," the one-year "clock" typically won't start running until the period of disability ends (meaning the potential plaintiff turns 18 or is declared sane or competent). This rule can be found at North Carolina General Statutes section 1-17.

And if the person who is alleged to have made the defamatory statement leaves the state of North Carolina before the lawsuit can be filed, the period of their absence probably won't be counted as part of the one-year time limit for filing the defamation suit, according to North Carolina General Statutes section 1-21.

What If You Miss the Filing Deadline?

If more than a year has passed since the defamatory statement was made, but you try to file a defamation lawsuit in the North Carolina's civil court system anyway, your case will almost certainly be dismissed. If that happens, you'll have lost your right to ask any court for a legal remedy for the defamation.

Even If You're Looking to Settle, Keep the Statute of Limitations In Mind

It's important to note that the one-year North Carolina statute of limitations isn't just a factor if you've decided to take your defamation case to court. It's also crucial to your position if you're negotiating an out-of-court settlement with the person who made the statement. If the statute of limitations deadline has passed, and the other side knows it, you'll have lost all your leverage.

Where Do I File a Defamation Lawsuit In North Carolina?

Most defamation cases are filed in North Carolina's Superior Court, which hears lawsuits where the plaintiff is asking for more than $25,000 in damages from the defendant. If a libel or slander plaintiff is asking for $25,000 or less, they can sue in the state's District Court.

If you have questions about North Carolina defamation law, including how the statute of limitations applies to your case, it may be time to discuss your situation with an experienced North Carolina attorney.