§ 6.4.4.8.1 DECLARATORY JUDGMENT.

• Jurisdiction: Arizona

§ 6.4.4.8.1 Declaratory Judgment. One possible remedy that may be available to a potential defamation claimant is to seek a declaratory judgment that the statement in question is false. Such a claim might be included with a damage claim or may be asserted without any other claim for relief.

This relief?a declaration of falsity?seems appropriate under Arizona's Uniform Declaratory Judgments Act, since declaratory judgments are to be "liberally construed and administered," and should be construed "in favor of persons seeking relief." ⁹⁵

Courts have often dealt with claims where declaratory judgment actions are combined with claims seeking a declaration of falsity.⁹⁶

The Restatement (Second) of Torts specifically approves of using a declaratory judgment in defamation cases.⁹⁷

A.R.S. § 12-1841(A) specifies what parties can be properly named in a declaratory judgment action:

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

A...