4.1.1 Litigation Privilege

• Jurisdiction: Arizona

A participant in a judicial proceeding is absolutely privileged to make defamatory statements so long that the statements are connected with or have any bearing or connection to the subject of inquiry.[fn276] The reason underlying this privilege is the free and unbridled search for the truth without fear of later prosecution. The privilege, adopted from the law of defamation, has been specifically recognized in a cause of action for interference with contractual relations.[fn277] The applicability of the litigation privilege to an interference cause of action has been stated in a case involving a motion to disqualify the opposing counsel:[fn278]

The allegation in the motion to compel Drummond to withdraw on the grounds that he had a conflict of interest is the type of defamatory statement in litigation proceedings that should be absolutely privileged. Defamatory statements contained in pleadings are absolutely privileged if they are connected with or have any bearing on or are related to the subject of inquiry. Sierra Madre Development, Inc. v. Via Entrada Townhouses Assoc.,20 Ariz. App. 550, 514 P.2d 503 (1973)]. See Restatement (Second) of Torts § 587 (1977). Parties to judicial proceedings are generally granted an absolute privilege to use defamatory language in pleadings because of an "overriding public interest" that persons should speak freely and fearlessly in litigation. Stewart v.Fahey, 14 Ariz. App. 149, 150, 481 P.2d 519, 520 (1971). A statement made in the course of a judicial hearing is absolutely privileged as long as it bears some relation to the subject judicial proceeding. Todd v. Cox, 20 Ariz. App. 347, 512 P.2d...