SB 414

This bill allows a person to file a special motion to strike in a strategic lawsuit

against public participation which, if successful, results in dismissal of the claim

subject to the motion. Under the bill, a cause of action brought against a person

arising from that person's acts in furtherance of his or her right of petition or free

speech under the United States or Wisconsin Constitution in connection with a

public issue is subject to a special motion to strike, unless the court determines that

the plaintiff has established a probability of prevailing on the claim.

The bill provides that an act in furtherance of a person's constitutional right of

petition or free speech in connection with a public issue includes any written or oral

statement or writing made a) before a legislative, executive, or judicial proceeding,

or any other official proceeding authorized by law; b) in connection with an issue

under consideration or review by a legislative, executive, or judicial body, or any

other official proceeding authorized by law; or c) in a place open to the public or a

public forum in connection with an issue of public interest. The bill also provides that

any other conduct might also be considered to be an act in furtherance of a person's

constitutional right of petition or free speech in connection with a public issue. No

special motion to strike may be brought in any enforcement action brought in the

name of the people of Wisconsin by the attorney general, a district attorney, or a city

attorney, acting as a public prosecutor.

In making a determination on a special motion to strike, the court must

consider the pleadings and supporting and opposing affidavits stating the facts upon

which the liability or defense is based. If the court determines that the plaintiff has

established a probability that the plaintiff will prevail on the claim, neither that

determination nor the fact of that determination are admissible in evidence at any

later stage of the case, or in any subsequent action, and no burden of proof or degree

of proof otherwise applicable is affected by that determination in that case or any

subsequent proceeding. Under the bill, except in certain circumstances, a defendant

who prevails on a special motion to strike is entitled to recover attorney fees and

costs. If, however, the court finds that a special motion to strike is frivolous or is

solely intended to cause unnecessary delay, the court must award costs and

reasonable attorney fees to the prevailing plaintiff. The bill allows a person to appeal

as a matter or right an order granting or denying a special motion to strike.

The bill requires that a special motion be filed within 60 days of the service of

the complaint or later if the court permits. The motion must be scheduled for a

hearing not more than 30 days after the service of the motion unless

the court's

schedule does not allow for a hearing in that timeframe. Unless the court determines

otherwise, when a notice of a special motion is filed, all discovery proceedings in the

action are stayed until a ruling is made on the motion.

Any party who files a special motion to strike, and any party who files an