Special motions to strike strategic lawsuits against public participation. (FE)

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 opposition to a special motion to strike, must provide the director of state courts with a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice or appeal or petition for a writ, and a conformed copy of any order issued, including any order granting or denying a special motion to strike, discovery, or fees. Under the bill, the director of state courts must keep a public record of the information for at least three years.