| 12 | 19 | | |
|---|
| 13 | 20 | | (2) "Right of free speech" means communicating, or conduct furthering communication, in a public forum on a matter of public concern; |
|---|
| 14 | 21 | | |
|---|
| 15 | 22 | | (3) "Right to petition the government" means (A) communication in connection with an issue under consideration or review by a legislative, executive, administrative, judicial or other governmental body, (B) communication that is reasonably likely to encourage consideration or review of a matter of public concern by a legislative, executive, administrative, judicial or other governmental body, or (C) communication that is reasonably likely to enlist public participation in an effort to effect consideration of an issue by a legislative, executive, administrative, judicial or other governmental body; |
|---|
| 16 | 23 | | |
|---|
| 17 | 24 | | (4) "Right of association" means communication among individuals who join together to collectively express, promote, pursue or defend common interests; and |
|---|
| 18 | 25 | | |
|---|
| 19 | 26 | | (5) "Special motion to dismiss" means the motion permitted pursuant to this section. |
|---|
| 20 | 27 | | |
|---|
| 21 | 28 | | (b) In any civil action in which a party files a complaint, counterclaim or cross claim against an opposing party that is based on the opposing party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, such opposing party may file a special motion to dismiss the complaint, counterclaim or cross claim. |
|---|
| 22 | 29 | | |
|---|
| 27 | | - | (e) (1) The court shall conduct an expedited hearing on a special motion to dismiss. The expedited hearing shall be held not later than sixty days after the date of filing of such special motion to dismiss, unless, (A) the court orders specified and limited discovery pursuant to subsection (d) of this section, in which case, the expedited hearing shall be held not later than sixty days after the date on which such specified and limited discovery must be completed, (B) the parties agree to a hearing date that is beyond the sixty-day period, or (C) the court, for good cause shown, is unable to schedule the hearing during the sixty-day period. |
|---|
| 34 | + | (e) (1) The court shall conduct an expedited hearing on a special motion to dismiss. The expedited hearing shall be held not later than thirty days after the date of filing of such special motion to dismiss, unless, (A) the court orders specified and limited discovery pursuant to subsection (d) of this section, in which case, the expedited hearing shall be held not later than thirty days after the date on which such specified and limited discovery must be completed, (B) the parties agree to a hearing date that is beyond the thirty-day period, or (C) the court, for good cause shown, is unable to schedule the hearing during the thirty-day period. |
|---|
| 31 | | - | (3) The court shall grant a special motion to dismiss if the moving party makes an initial showing, by a preponderance of the evidence, that the opposing party's complaint, counterclaim or cross claim is based on the moving party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, unless the party that brought the complaint, counterclaim or cross claim sets forth with particularity the circumstances giving rise to the complaint, counterclaim or cross claim and demonstrates to the court that there is probable cause, considering all valid defenses, that the party will prevail on the merits of the complaint, counterclaim or cross claim. |
|---|
| 38 | + | (3) The court shall grant a special motion to dismiss if the moving party makes an initial showing, by a preponderance of the evidence, that the opposing party's complaint, counterclaim or cross claim is based on the moving party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, unless the party that brought the complaint, counterclaim or cross claim sets forth with particularity the circumstances giving rise to the complaint, counterclaim or cross claim and demonstrates to the court by a preponderance of the evidence, a probability of prevailing on the merits of the complaint, counterclaim or cross claim. |
|---|
| 41 | | - | (h) The provisions of this section shall not: (1) Apply to an enforcement action that is brought in the name of the state or a political subdivision of the state by the Attorney General; (2) affect or limit the authority of a court to award sanctions, costs, attorney's fees or any other relief available under any statute, court rule or other authority; (3) affect, limit or preclude the right of a party filing a special motion to dismiss to any defense, remedy, immunity or privilege otherwise authorized by law; (4) affect the substantive law governing any asserted claim; (5) create a private right of action; or (6) apply to a common law or statutory claim for bodily injury or wrongful death, except the exclusion provided in this subdivision shall not apply to claims for (A) emotional distress unrelated to bodily injury or wrongful death or conjoined with a cause of action other than for bodily injury or wrongful death, or (B) defamation, libel or slander. The provisions of this subdivision shall not prohibit a plaintiff who brings a claim for bodily injury or wrongful death from filing a special motion to dismiss a counterclaim under the provisions of this section. |
|---|
| 50 | + | (h) The provisions of this section shall not: (1) Apply to an enforcement action that is brought in the name of the state or a political subdivision of the state by the Attorney General; (2) affect or limit the authority of a court to award sanctions, costs, attorney's fees or any other relief available under any statute, court rule or other authority; (3) affect, limit or preclude the right of a party filing a special motion to dismiss to any defense, remedy, immunity or privilege otherwise authorized by law; (4) affect the substantive law governing any asserted claim; or (5) create a private right of action. |
|---|
| 51 | + | |
|---|
| 52 | + | |
|---|
| 53 | + | |
|---|
| 54 | + | |
|---|
| 55 | + | This act shall take effect as follows and shall amend the following sections: |
|---|
| 56 | + | Section 1 October 1, 2017, and applicable to any civil action filed on or after said date New section |
|---|
| 57 | + | |
|---|
| 58 | + | This act shall take effect as follows and shall amend the following sections: |
|---|
| 59 | + | |
|---|
| 60 | + | Section 1 |
|---|
| 61 | + | |
|---|
| 62 | + | October 1, 2017, and applicable to any civil action filed on or after said date |
|---|
| 63 | + | |
|---|
| 64 | + | New section |
|---|
| 65 | + | |
|---|
| 66 | + | Statement of Legislative Commissioners: |
|---|
| 67 | + | |
|---|
| 68 | + | In Section 1(e) "service" was changed to "filing" for accuracy and consistency. |
|---|
| 69 | + | |
|---|
| 70 | + | |
|---|
| 71 | + | |
|---|
| 72 | + | JUD Joint Favorable Subst. |
|---|
| 73 | + | |
|---|
| 74 | + | JUD |
|---|
| 75 | + | |
|---|
| 76 | + | Joint Favorable Subst. |
|---|