In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances, to reduce the amount of damages, and whether he proves the justification or not, he may give in evidence the mitigating circumstances. SOURCE: CCP § 461.
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ARTICLE 8 VARIANCE, MISTAKES IN PLEADINGS AND AMENDMENTS
NOTE: Sections 469, 470, 471, 472, 473 and 476 of Chapter VIII of Part II, Title VI, of the Code of Civil Procedure, have been superseded by the Guam Rules of Civil Procedure, Rules § 15. 16 and 7. Rule 61 has partially replaced Section 475, but because there is some doubt as to the full effect of the Rule on this section, this section will be regarded as at least partially valid.