10 Del. C. § 8119
Defamation (Libel / Slander)
False statements that damage someone’s reputation.
Statute of Limitation in Delaware
The statute of limitations for filing a defamation claim, which includes both libel and slander, is typically two years from the date the defamatory statement is published or made.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the defamation is ongoing or if there is a continuing publication of the defamatory statement; additionally, the time limitation may be tolled if there is evidence of fraud or intentional concealment. Contact an attorney.
Example Scenario
If an individual is defamed on August 1, 2023, they must file a defamation claim by August 1, 2025.
Understanding Statutes of Limitations in Delaware
The statute of limitations for defamation (libel / slander) in Delaware acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Delaware state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for defamation (libel / slander) after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Delaware, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Delaware law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Delaware serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Delaware Small Claims court?