2005 Minnesota Statutes - 595.025 — Defamation.

     595.025 Defamation. 


    Subdivision 1.    Disclosure prohibition; applicability. 
  The prohibition of disclosure provided in section 595.023 
 shall not apply in any defamation action where the person 
 seeking disclosure can demonstrate that the identity of the 
 source will lead to relevant evidence on the issue of actual 
 malice.  


    Subd. 2.    Disclosure conditions.  Notwithstanding the 
 provisions of subdivision 1, the identity of the source of 
 information shall not be ordered disclosed unless the following 
 conditions are met: 


    (a) that there is probable cause to believe that the source 
 has information clearly relevant to the issue of defamation; 


    (b) that the information cannot be obtained by any 
 alternative means or remedy less destructive of first amendment 
 rights.  


    Subd. 3.    Determination; appeal.  The court shall make 
 its order on the issue of disclosure after making findings of 
 fact, which order may be appealed to the Court of Appeals 
 according to the Rules of Appellate Procedure.  During the 
 appeal the order is stayed and nondisclosure shall remain in 
 full force and effect.  


    HIST: 1973 c 735 s 5; 1983 c 247 s 205