Wyoming 2025 Regular Session

Wyoming House Bill HB0223 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025
2	2		STATE OF WYOMING
3		-	25LSO-0550
4		-	ENGROSSED
5		-	1HB0223
	3	+	25LSO-05501HB0223
6	4		HOUSE BILL NO. HB0223
7	5		Preventing strategic lawsuits against public participation.
8	6		Sponsored by: Representative(s) Ottman, Angelos, Bear,
9	7		Guggenmos, Hoeft, Lucas, McCann, Singh,
10	8		Smith, S, Wasserburger, Webb and Webber and
11	9		Senator(s) Pearson
12	10		A BILL
13	11		for
14	12		1 AN ACT relating to civil procedure; providing immunity from
15	13		2 lawsuits based on the constitutional rights of freedom of
16	14		3 petition, expression or speech; specifying procedures and
17	15		4 limitations for lawsuits based on public participation;
18	16		5 specifying applicability; and providing for an effective
19	17		6 date.
20	18		7
21	19		8
22	20		9
23	21		10. W.S. 1-44-101 through 1-44-105 are created
24	22		11 to read:
25	23		12
26	24		13 CHAPTER 44
27		-	14 LAWSUITS AGAINST PUBLIC PARTICIPATION 2025STATE OF WYOMING25LSO-0550
28		-	ENGROSSED
29		-	2HB0223
	25	+	14 LAWSUITS AGAINST PUBLIC PARTICIPATION 2025STATE OF WYOMING25LSO-05502HB0223
30	26		1
31	27		2
32	28		3
33	29		4 (a) This act shall be known and may be cited as the
34	30		5 "Wyoming Anti-SLAPP Act."
35	31		6
36	32		7 (b) As used in this act:
37	33		8
38		-	9 (i) "Person" includes groups of individuals,
39		-	10 associations, corporations and any other entities
40		-	11 referenced in W.S. 8-1-102(a)(vi);
	34	+	9 (i) "Strategic lawsuit" means a strategic
	35	+	10 lawsuit against public participation;
	36	+	11
	37	+	12 (ii) "This act" means W.S. 1-44-101 through
	38	+	13 1-44-105.
	39	+	14
	40	+	15 (c) The purposes of this act are to:
	41	+	16
	42	+	17 (i) Ensure full participation by persons in the
	43	+	18 robust discussion of issues in furtherance of the
	44	+	19 constitutional rights of freedom of petition, freedom of
	45	+	20 speech and freedom of expression in connection with any
	46	+	21 matter of public concern. The concept of public concern
	47	+	22 shall be construed broadly, excluding only matters of
	48	+	23 purely private concern; 2025STATE OF WYOMING25LSO-05503HB02231
	49	+	2 (ii) Recognize that litigation that hinders
	50	+	3 those constitutional rights is disfavored and should be
	51	+	4 resolved quickly with minimum cost to those exercising
	52	+	5 those constitutional rights that are protected by the First
	53	+	6 Amendment to the United States constitution and article 1,
	54	+	7 section 20 of the Wyoming constitution.
	55	+	8
	56	+	9
	57	+	10
	58	+	11 (a) All laws in this state shall be construed to
	59	+	12 grant qualified immunity from suit, prosecution and civil
	60	+	13 liability for any person in any action, case, claim,
	61	+	14 administrative proceeding, arbitration or other legal
	62	+	15 process that impacts the person's constitutional rights
	63	+	16 under the First Amendment to the United States
	64	+	17 constitution.
	65	+	18
	66	+	19 (b) A person may invoke the qualified immunity
	67	+	20 provided under subsection (a) of this section at any time.
	68	+	21 For purposes of this section, the qualified immunity
	69	+	22 provided under subsection (a) of this section may be waived
	70	+	23 if a person substantially litigates the case beyond a 2025STATE OF WYOMING25LSO-05504HB0223
	71	+	1 jurisdictional challenge before raising the immunity,
	72	+	2 unless facts or circumstances are later discovered
	73	+	3 demonstrating that the qualified immunity applies and the
	74	+	4 facts were not available or reasonably discoverable by the
	75	+	5 person earlier in the case.
	76	+	6
	77	+	7 (c) In any case or lawsuit in which a person asserts
	78	+	8 that the claims, counterclaims, crossclaims or discovery
	79	+	9 against a person are based, either in whole or in part, on
	80	+	10 the person's exercise of the constitutional right of
	81	+	11 petition, freedom of speech or freedom of expression in
	82	+	12 connection with any matter of public concern under the
	83	+	13 United States or Wyoming constitutions, the person may move
	84	+	14 to dismiss or otherwise dispose of the case or lawsuit as
	85	+	15 expeditiously as possible based on the immunity provided in
	86	+	16 subsection (a) of this section. For purposes of this
	87	+	17 subsection:
	88	+	18
	89	+	19 (i) A person may invoke the immunity by showing
	90	+	20 that a claim, counterclaim or crossclaim is based on the
	91	+	21 person's use of the rights afforded under the First
	92	+	22 Amendment to the United States constitution or article 1,
	93	+	23 section 20 of the Wyoming constitution; 2025STATE OF WYOMING25LSO-05505HB02231
	94	+	2 (ii) The immunity may be invoked if a claim,
	95	+	3 action, proceeding, counterclaim or crossclaim is based on
	96	+	4 at least one (1) action in furtherance of those rights,
	97	+	5 even if the claim, action, proceeding, counterclaim or
	98	+	6 crossclaim is also based on actions not in furtherance of
	99	+	7 those constitutional rights;
	100	+	8
	101	+	9 (iii) The immunity shall be afforded to a person
	102	+	10 if the responding party:
	103	+	11
	104	+	12 (A) Fails to present evidence or
	105	+	13 supportable allegations, sufficient as a matter of law to
	106	+	14 establish a prima facie case regarding each element of the
	107	+	15 claim to survive a motion to dismiss or a judgment on the
	108	+	16 pleadings; or
	109	+	17
	110	+	18 (B) Has presented evidence or supportable
	111	+	19 allegations establishing a prima facie case regarding each
	112	+	20 element of the claim, but a moving party has established
	113	+	21 that there is no genuine issue of material fact and the
	114	+	22 moving party is entitled to judgment as a matter of law on
	115	+	23 the claim, as if the court were evaluating a motion for 2025STATE OF WYOMING25LSO-05506HB0223
	116	+	1 summary judgment. Neither this subparagraph or subparagraph
	117	+	2 (A) of this paragraph shall require the court to usurp the
	118	+	3 role of the jury in evaluation of evidence or credibility
	119	+	4 of evidence beyond what a court would do if evaluating a
	120	+	5 motion to dismiss, a motion for judgment on the pleadings,
	121	+	6 a motion for summary judgment or a motion for a directed
	122	+	7 verdict. In all other respects, the right to trial by jury
	123	+	8 will remain sacrosanct.
	124	+	9
	125	+	10 (d) Any denial of a motion to dismiss based on the
	126	+	11 immunity provided under this section shall be immediately
	127	+	12 appealable in accordance with the Wyoming Rules of
	128	+	13 Appellate Procedure.
	129	+	14
	130	+	15 (e) If a motion to dismiss is denied under this
	131	+	16 section, a person may bring a counterclaim to assert the
	132	+	17 immunity provided under this section. If the finder of fact
	133	+	18 finds that the initial claim was without merit and had the
	134	+	19 effect or intent of suppressing rights protected under the
	135	+	20 First Amendment to the United States constitution or
	136	+	21 article 1, section 20 of the Wyoming constitution, the
	137	+	22 court shall award compensatory damages, all costs and
	138	+	23 reasonable attorney fees to the counterclaimant. 2025STATE OF WYOMING25LSO-05507HB0223
	139	+	1
	140	+	2 (f) If a person successfully invokes the immunity
	141	+	3 provided under this section, whether on a motion to dismiss
	142	+	4 or at trial, the person shall be entitled to all costs and
	143	+	5 reasonable attorney fees for defending the case. If an
	144	+	6 immunity decision is appealed and the person invoking
	145	+	7 immunity prevails on appeal, the person shall be entitled
	146	+	8 to all costs and reasonable attorney fees incurred while
	147	+	9 defending the appeal. For purposes of this subsection:
	148	+	10
	149	+	11 (i) The state of Wyoming and its political
	150	+	12 subdivisions shall be responsible for all damages, costs
	151	+	13 and fees specified in this subsection, if the state or a
	152	+	14 political subdivision is the plaintiff in the case;
	153	+	15
	154	+	16 (ii) A person may only recover costs and fees
	155	+	17 for claims for which immunity is granted if all claims or
	156	+	18 counterclaims are not dismissed under this section.
	157	+	19
	158	+	20
	159	+	21
	160	+	22 (a) In federal courts and in foreign jurisdictions,
	161	+	23 these procedural rules are severable from the immunity 2025STATE OF WYOMING25LSO-05508HB0223
	162	+	1 established in W.S. 1-44-102. In Wyoming state courts and
	163	+	2 wherever these rules are not in conflict with those of the
	164	+	3 tribunal, if an action is brought against a person in
	165	+	4 violation of the immunity from litigation, the person
	166	+	5 against whom the action is brought may bring a special
	167	+	6 motion to dismiss or a counterclaim, or both.
	168	+	7
	169	+	8 (b) A motion to dismiss based on the immunity
	170	+	9 provided in W.S. 1-44-102 shall be filed not less than
	171	+	10 seven (7) days after a notice of intent to file a motion to
	172	+	11 dismiss is served on the opposing party.
41	173		12
42		-	13 (ii) ~~"Strategic lawsuit"~~ ~~means~~ a ~~strategic~~
43		-	14 ~~lawsuit against public participation;~~
	174	+	13 (c) Upon the filing of a motion to dismiss based on
	175	+	14 the immunity provided in W.S. 1-44-102, the court shall:
44	176		15
45		-	16 (iii) "This act" means W.S. 1-44-101 through
46		-	17 1-44-105.
	177	+	16 (i) Determine whether the moving party has
	178	+	17 established by a preponderance of the evidence that the
	179	+	18 claim is entitled to immunity under W.S. 1-44-102;
	180	+	19
	181	+	20 (ii) If the court determines that the moving
	182	+	21 party has shown its entitlement to immunity, determine
	183	+	22 whether the nonmoving party has demonstrated, with 2025STATE OF WYOMING25LSO-05509HB0223
	184	+	1 sufficient evidence, a probability of prevailing on the
	185	+	2 claim;
	186	+	3
	187	+	4 (iii) If the court determines that the nonmoving
	188	+	5 party has established its burden under paragraph (ii) of
	189	+	6 this subsection, ensure that the determination shall not:
	190	+	7
	191	+	8 (A) Be admitted into evidence at any
	192	+	9 subsequent stage of the proceeding;
	193	+	10
	194	+	11 (B) Affect the burden of proof that is
	195	+	12 applied in the underlying action or proceeding.
	196	+	13
	197	+	14 (iv) Consider any evidence that may be material
	198	+	15 in making the required determinations under this
	199	+	16 subsection;
	200	+	17
	201	+	18 (v) Except as otherwise provided in paragraph
	202	+	19 (iv) of this subsection, stay all other actions and
	203	+	20 activities in the case, including discovery and motions
	204	+	21 pending a ruling by the court on the immunity motion and
	205	+	22 the disposition of any appeal from the ruling on the
	206	+	23 immunity motion; 2025STATE OF WYOMING25LSO-055010HB02231
	207	+	2 (vi) Rule on the immunity motion not later than
	208	+	3 thirty (30) business days after the motion is filed. The
	209	+	4 deadline specified in this paragraph may be extended by a
	210	+	5 showing of good cause.
	211	+	6
	212	+	7 (d) Upon a showing that information necessary to
	213	+	8 support or oppose the motion to dismiss is in the
	214	+	9 possession of another person and is not reasonably
	215	+	10 available without discovery, the court shall allow limited
	216	+	11 discovery for purposes of obtaining that information. For
	217	+	12 purposes of this subsection:
	218	+	13
	219	+	14 (i) A separate motion shall be filed to seek
	220	+	15 limited discovery under this subsection and must be
	221	+	16 accompanied by an affidavit signed under penalty of
	222	+	17 perjury;
47	223		18
48		-	19 (c) The purposes of this act are to:
49		-	20
50		-	21 (i) Ensure full participation by persons in the
51		-	22 robust discussion of issues in furtherance of the
52		-	23 constitutional rights of freedom of petition, freedom of 2025STATE OF WYOMING25LSO-0550
53		-	ENGROSSED
54		-	3HB0223
55		-	1 speech and freedom of expression in connection with any
56		-	2 matter of public concern. The concept of public concern
57		-	3 shall be construed broadly, excluding only matters of
58		-	4 purely private concern;
	224	+	19 (ii) The motion for limited discovery shall
	225	+	20 include, with specificity, the discovery requested, the
	226	+	21 reason the discovery is necessary and why the information
	227	+	22 cannot be obtained in any other way;
	228	+	23 2025STATE OF WYOMING25LSO-055011HB02231 (iii) If the motion lacks specificity, the
	229	+	2 motion shall be denied, and the nonmoving party shall be
	230	+	3 entitled to reasonable attorney fees for responding to the
	231	+	4 motion;
59	232		5
60		-	6 (ii) Recognize that litigation that hinders
61		-	7 those constitutional rights is disfavored and should be
62		-	8 resolved quickly with minimum cost to those exercising
63		-	9 those constitutional rights that are protected by the First
64		-	10 Amendment to the United States constitution and article 1,
65		-	11 section 20 of the Wyoming constitution.
66		-	12
	233	+	6 (iv) Before bringing a motion for limited
	234	+	7 discovery under this subsection, the moving party shall
	235	+	8 meet and confer with the opposing party to resolve the
	236	+	9 matter without a motion. If the nonmoving party has
	237	+	10 unreasonably declined to agree to the discovery, the moving
	238	+	11 party shall be entitled to reasonable attorney fees
	239	+	12 incurred by bringing the motion.
	240	+	13
	241	+	14 (e) If the court dismisses an action under a motion
	242	+	15 to dismiss based on the immunity provided in W.S. 1-44-102,
	243	+	16 the dismissal shall be treated as an adjudication on the
	244	+	17 merits.
	245	+	18
	246	+	19 (f) If the plaintiff in a strategic lawsuit moves to
	247	+	20 dismiss the action or files notice of intent to dismiss the
	248	+	21 action, or if the plaintiff seeks to amend the complaint,
	249	+	22 after a motion to dismiss based on the immunity provided in
	250	+	23 W.S. 1-44-102 is filed: 2025STATE OF WYOMING25LSO-055012HB02231
	251	+	2 (i) The plaintiff's motion to dismiss or notice
	252	+	3 shall function as an admission that the immunity motion is
	253	+	4 meritorious, and the court shall grant the immunity motion;
	254	+	5
	255	+	6 (ii) The plaintiff's motion to amend shall
	256	+	7 function as an admission that the immunity motion is
	257	+	8 meritorious as to any claims that the motion to amend would
	258	+	9 remove.
	259	+	10
	260	+	11 (g) The court may modify any deadlines under this
	261	+	12 section if necessary to serve the interests of justice.
67	262		13
68	263		14
69		-	15 (a) All laws in this state shall be construed to
70		-	16 grant qualified immunity from suit, prosecution and civil
71		-	17 liability for any person in any action, case, claim,
72		-	18 administrative proceeding, arbitration or other legal
73		-	19 process that impacts the person's constitutional rights
74		-	20 under the First Amendment to the United States
75		-	21 constitution.
76		-	22 2025STATE OF WYOMING25LSO-0550
77		-	ENGROSSED
78		-	4HB02231 (b) A person may invoke the qualified immunity
79		-	2 provided under subsection (a) of this section at any time.
80		-	3 For purposes of this section, the qualified immunity
81		-	4 provided under subsection (a) of this section may be waived
82		-	5 if a person substantially litigates the case beyond a
83		-	6 jurisdictional challenge before raising the immunity,
84		-	7 unless facts or circumstances are later discovered
85		-	8 demonstrating that the qualified immunity applies and the
86		-	9 facts were not available or reasonably discoverable by the
87		-	10 person earlier in the case.
88		-	11
89		-	12 (c) In any case or lawsuit in which a person asserts
90		-	13 that the claims, counterclaims, crossclaims or discovery
91		-	14 against a person are based, either in whole or in part, on
92		-	15 the person's exercise of the constitutional right of
93		-	16 petition, freedom of speech or freedom of expression in
94		-	17 connection with any matter of public concern under the
95		-	18 United States or Wyoming constitutions, the person may move
96		-	19 to dismiss or otherwise dispose of the case or lawsuit as
97		-	20 expeditiously as possible based on the immunity provided in
98		-	21 subsection (a) of this section. For purposes of this
99		-	22 subsection:
100		-	23 2025STATE OF WYOMING25LSO-0550
101		-	ENGROSSED
102		-	5HB02231 (i) A person may invoke the immunity by showing
103		-	2 that a claim, counterclaim or crossclaim is based on the
104		-	3 person's use of the rights afforded under the First
105		-	4 Amendment to the United States constitution or article 1,
106		-	5 section 20 of the Wyoming constitution;
	264	+	15
	265	+	16
	266	+	17 (a) If any claim, action, administrative proceeding,
	267	+	18 arbitration or any similar process is brought as a
	268	+	19 strategic lawsuit against a person, the person may invoke
	269	+	20 the immunity provided in W.S. 1-44-102 through a separate
	270	+	21 action or counterclaim. For purposes of this section, a
	271	+	22 person may bring a separate action after conclusion of the
	272	+	23 strategic lawsuit. 2025STATE OF WYOMING25LSO-055013HB02231
	273	+	2 (b) If a strategic lawsuit is brought against a
	274	+	3 person and the person successfully invokes immunity under
	275	+	4 this chapter, the person may bring a separate action to
	276	+	5 recover costs and attorney fees that are not awarded by the
	277	+	6 court in accordance with this chapter. For purposes of this
	278	+	7 subsection:
	279	+	8
	280	+	9 (i) A person shall prevail in an action brought
	281	+	10 under this subsection if the strategic lawsuit was without
	282	+	11 merit and had the effect or intent of suppressing rights
	283	+	12 provided under the First Amendment to the United States
	284	+	13 constitution;
	285	+	14
	286	+	15 (ii) Upon prevailing in an action under this
	287	+	16 subsection, a person shall be entitled to statutory damages
	288	+	17 of not less than ten thousand dollars ($10,000.00),
	289	+	18 compensatory damages, reasonable attorney fees and costs.
	290	+	19
	291	+	20 (c) A person who is a Wyoming citizen shall have a
	292	+	21 cause of action if the person is subject to a strategic
	293	+	22 lawsuit in another jurisdiction, the other jurisdiction
	294	+	23 declines to apply the immunity provided in this chapter and 2025STATE OF WYOMING25LSO-055014HB0223
	295	+	1 the person prevails in the strategic lawsuit. To prevail in
	296	+	2 a cause of action under this section:
	297	+	3
	298	+	4 (i) The strategic lawsuit would have been
	299	+	5 subject to this chapter if brought in Wyoming;
107	300		6
108		-	7 (ii) The immunity may be invoked if a claim,
109		-	8 action, proceeding, counterclaim or crossclaim is based on
110		-	9 at least one (1) action in furtherance of those rights,
111		-	10 even if the claim, action, proceeding, counterclaim or
112		-	11 crossclaim is also based on actions not in furtherance of
113		-	12 those constitutional rights;
114		-	13
115		-	14 (iii) The immunity shall be afforded to a person
116		-	15 if the responding party:
117		-	16
118		-	17 (A) Fails to present evidence or
119		-	18 supportable allegations, sufficient as a matter of law to
120		-	19 establish a prima facie case regarding each element of the
121		-	20 claim to survive a motion to dismiss or a judgment on the
122		-	21 pleadings; or
123		-	22 2025STATE OF WYOMING25LSO-0550
124		-	ENGROSSED
125		-	6HB02231 (B) Has presented evidence or supportable
126		-	2 allegations establishing a prima facie case regarding each
127		-	3 element of the claim, but a moving party has established
128		-	4 that there is no genuine issue of material fact and the
129		-	5 moving party is entitled to judgment as a matter of law on
130		-	6 the claim, as if the court were evaluating a motion for
131		-	7 summary judgment. Neither this subparagraph or subparagraph
132		-	8 (A) of this paragraph shall require the court to usurp the
133		-	9 role of the jury in evaluation of evidence or credibility
134		-	10 of evidence beyond what a court would do if evaluating a
135		-	11 motion to dismiss, a motion for judgment on the pleadings,
136		-	12 a motion for summary judgment or a motion for a directed
137		-	13 verdict. In all other respects, the right to trial by jury
138		-	14 will remain sacrosanct.
139		-	15
140		-	16 (d) Any denial of a motion to dismiss based on the
141		-	17 immunity provided under this section shall be immediately
142		-	18 appealable in accordance with the Wyoming Rules of
143		-	19 Appellate Procedure.
	301	+	7 (ii) The person attempted to invoke the immunity
	302	+	8 provided in this chapter, but the other jurisdiction
	303	+	9 declined to apply the immunity;
	304	+	10
	305	+	11 (iii) The person prevailed in that foreign
	306	+	12 action, including a dismissal without prejudice or a
	307	+	13 dismissal for a lack of jurisdiction;
	308	+	14
	309	+	15 (iv) The person gave the plaintiff in the
	310	+	16 strategic lawsuit notice, in writing, that if the person
	311	+	17 prevailed in the plaintiff's strategic lawsuit, the person
	312	+	18 would be entitled to bring a cause of action in Wyoming
	313	+	19 under this subsection.
144	314		20
145		-	21 (e) If a motion to dismiss is denied under this
146		-	22 section, a person may bring a counterclaim to assert the
147		-	23 immunity provided under this section. If the finder of fact 2025STATE OF WYOMING25LSO-0550
148		-	ENGROSSED
149		-	7HB0223
150		-	1 finds that the initial claim was without merit and had the
151		-	2 effect or intent of suppressing rights protected under the
152		-	3 First Amendment to the United States constitution or
153		-	4 article 1, section 20 of the Wyoming constitution, the
154		-	5 court shall award compensatory damages, all costs and
155		-	6 reasonable attorney fees to the counterclaimant.
156		-	7
157		-	8 (f) If a person successfully invokes the immunity
158		-	9 provided under this section, whether on a motion to dismiss
159		-	10 or at trial, the person shall be entitled to all costs and
160		-	11 reasonable attorney fees for defending the case. If an
161		-	12 immunity decision is appealed and the person invoking
162		-	13 immunity prevails on appeal, the person shall be entitled
163		-	14 to all costs and reasonable attorney fees incurred while
164		-	15 defending the appeal. For purposes of this subsection:
165		-	16
166		-	17 (i) The state of Wyoming and its political
167		-	18 subdivisions shall be responsible for all damages, costs
168		-	19 and fees specified in this subsection, if the state or a
169		-	20 political subdivision is the plaintiff in the case;
170		-	21 2025STATE OF WYOMING25LSO-0550
171		-	ENGROSSED
172		-	8HB02231 (ii) A person may only recover costs and fees
173		-	2 for claims for which immunity is granted if all claims or
174		-	3 counterclaims are not dismissed under this section.
175		-	4
	315	+	21 (d) A person who prevails in a cause of action
	316	+	22 brought under subsection (c) of this section shall be
	317	+	23 entitled to: 2025STATE OF WYOMING25LSO-055015HB02231
	318	+	2 (i) Statutory damages of not less than ten
	319	+	3 thousand dollars ($10,000.00) and not more than one hundred
	320	+	4 thousand dollars ($100,000.00);
176	321		5
177		-	6
178		-	7 (a) In federal courts and in foreign jurisdictions,
179		-	8 these procedural rules are severable from the immunity
180		-	9 established in W.S. 1-44-102. In Wyoming state courts and
181		-	10 wherever these rules are not in conflict with those of the
182		-	11 tribunal, if an action is brought against a person in
183		-	12 violation of the immunity from litigation, the person
184		-	13 against whom the action is brought may bring a special
185		-	14 motion to dismiss or a counterclaim, or both.
186		-	15
187		-	16 (b) A motion to dismiss based on the immunity
188		-	17 provided in W.S. 1-44-102 shall be filed not less than
189		-	18 seven (7) days after a notice of intent to file a motion to
190		-	19 dismiss is served on the opposing party.
191		-	20
192		-	21 (c) Upon the filing of a motion to dismiss based on
193		-	22 the immunity provided in W.S. 1-44-102, the court shall:
194		-	23 2025STATE OF WYOMING25LSO-0550
195		-	ENGROSSED
196		-	9HB02231 (i) Determine whether the moving party has
197		-	2 established by a preponderance of the evidence that the
198		-	3 claim is entitled to immunity under W.S. 1-44-102;
199		-	4
200		-	5 (ii) If the court determines that the moving
201		-	6 party has shown its entitlement to immunity, determine
202		-	7 whether the nonmoving party has demonstrated, with
203		-	8 sufficient evidence, a probability of prevailing on the
204		-	9 claim;
	322	+	6 (ii) Damages in an amount equal to the actual
	323	+	7 costs and reasonable attorney fees incurred in the foreign
	324	+	8 action incurred after providing notice specified in
	325	+	9 paragraph (c)(iv) of this section;
205	326		10
206		-	11 (iii) ~~If the court determines that the nonmoving~~
207		-	12 ~~party has established its burden~~ under ~~paragraph (ii) of~~
208		-	13 this ~~subsection, ensure that the determination shall not:~~
	327	+	11 (iii) All costs and reasonable attorney fees
	328	+	12 incurred in the cause of action brought under subsection
	329	+	13 (c) of this section;
209	330		14
210		-	15 (A) ~~Be admitted into evidence at~~ any
211		-	16 ~~subsequent stage of the proceeding;~~
	331	+	15 (iv) Any other compensatory damages that the
	332	+	16 court deems appropriate.
212	333		17
213		-	18 (B) Affect the burden of proof that is
214		-	19 applied in the underlying action or proceeding.
215		-	20
216		-	21 (iv) Consider any evidence that may be material
217		-	22 in making the required determinations under this
218		-	23 subsection; 2025STATE OF WYOMING25LSO-0550
219		-	ENGROSSED
220		-	10HB02231
221		-	2 (v) Except as otherwise provided in paragraph
222		-	3 (iv) of this subsection, stay all other actions and
223		-	4 activities in the case, including discovery and motions
224		-	5 pending a ruling by the court on the immunity motion and
225		-	6 the disposition of any appeal from the ruling on the
226		-	7 immunity motion;
227		-	8
228		-	9 (vi) Rule on the immunity motion not later than
229		-	10 thirty (30) business days after the motion is filed. The
230		-	11 deadline specified in this paragraph may be extended by a
231		-	12 showing of good cause.
232		-	13
233		-	14 (d) Upon a showing that information necessary to
234		-	15 support or oppose the motion to dismiss is in the
235		-	16 possession of another person and is not reasonably
236		-	17 available without discovery, the court shall allow limited
237		-	18 discovery for purposes of obtaining that information. For
238		-	19 purposes of this subsection:
239		-	20
240		-	21 (i) A separate motion shall be filed to seek
241		-	22 limited discovery under this subsection and must be 2025STATE OF WYOMING25LSO-0550
242		-	ENGROSSED
243		-	11HB0223
244		-	1 accompanied by an affidavit signed under penalty of
245		-	2 perjury;
	334	+	18
	335	+	19
	336	+	20 This chapter shall apply to all actions pending in the
	337	+	21 state of Wyoming on July 1, 2025 and, to the fullest extent
	338	+	22 permissible, to all actions pending in federal courts and
	339	+	23 foreign jurisdictions. 2025STATE OF WYOMING25LSO-055016HB02231
	340	+	2. This act is effective July 1, 2025.
246	341		3
247		-	4 (ii) The motion for limited discovery shall
248		-	5 include, with specificity, the discovery requested, the
249		-	6 reason the discovery is necessary and why the information
250		-	7 cannot be obtained in any other way;
251		-	8
252		-	9 (iii) If the motion lacks specificity, the
253		-	10 motion shall be denied, and the nonmoving party shall be
254		-	11 entitled to reasonable attorney fees for responding to the
255		-	12 motion;
256		-	13
257		-	14 (iv) Before bringing a motion for limited
258		-	15 discovery under this subsection, the moving party shall
259		-	16 meet and confer with the opposing party to resolve the
260		-	17 matter without a motion. If the nonmoving party has
261		-	18 unreasonably declined to agree to the discovery, the moving
262		-	19 party shall be entitled to reasonable attorney fees
263		-	20 incurred by bringing the motion.
264		-	21
265		-	22 (e) If the court dismisses an action under a motion
266		-	23 to dismiss based on the immunity provided in W.S. 1-44-102, 2025STATE OF WYOMING25LSO-0550
267		-	ENGROSSED
268		-	12HB0223
269		-	1 the dismissal shall be treated as an adjudication on the
270		-	2 merits.
271		-	3
272		-	4 (f) If the plaintiff in a strategic lawsuit moves to
273		-	5 dismiss the action or files notice of intent to dismiss the
274		-	6 action, or if the plaintiff seeks to amend the complaint,
275		-	7 after a motion to dismiss based on the immunity provided in
276		-	8 W.S. 1-44-102 is filed:
277		-	9
278		-	10 (i) The plaintiff's motion to dismiss or notice
279		-	11 shall function as an admission that the immunity motion is
280		-	12 meritorious, and the court shall grant the immunity motion;
281		-	13
282		-	14 (ii) The plaintiff's motion to amend shall
283		-	15 function as an admission that the immunity motion is
284		-	16 meritorious as to any claims that the motion to amend would
285		-	17 remove.
286		-	18
287		-	19 (g) The court may modify any deadlines under this
288		-	20 section if necessary to serve the interests of justice.
289		-	21
290		-	22
291		-	23 2025STATE OF WYOMING25LSO-0550
292		-	ENGROSSED
293		-	13HB02231
294		-	2 (a) If any claim, action, administrative proceeding,
295		-	3 arbitration or any similar process is brought as a
296		-	4 strategic lawsuit against a person, the person may invoke
297		-	5 the immunity provided in W.S. 1-44-102 through a separate
298		-	6 action or counterclaim. For purposes of this section, a
299		-	7 person may bring a separate action after conclusion of the
300		-	8 strategic lawsuit.
301		-	9
302		-	10 (b) If a strategic lawsuit is brought against a
303		-	11 person and the person successfully invokes immunity under
304		-	12 this chapter, the person may bring a separate action to
305		-	13 recover costs and attorney fees that are not awarded by the
306		-	14 court in accordance with this chapter. For purposes of this
307		-	15 subsection:
308		-	16
309		-	17 (i) A person shall prevail in an action brought
310		-	18 under this subsection if the strategic lawsuit was without
311		-	19 merit and had the effect or intent of suppressing rights
312		-	20 provided under the First Amendment to the United States
313		-	21 constitution;
314		-	22 2025STATE OF WYOMING25LSO-0550
315		-	ENGROSSED
316		-	14HB02231 (ii) Upon prevailing in an action under this
317		-	2 subsection, a person shall be entitled to statutory damages
318		-	3 of not less than ten thousand dollars ($10,000.00),
319		-	4 compensatory damages, reasonable attorney fees and costs.
320		-	5
321		-	6 (c) A person who is a Wyoming citizen shall have a
322		-	7 cause of action if the person is subject to a strategic
323		-	8 lawsuit in another jurisdiction, the other jurisdiction
324		-	9 declines to apply the immunity provided in this chapter and
325		-	10 the person prevails in the strategic lawsuit. To prevail in
326		-	11 a cause of action under this section:
327		-	12
328		-	13 (i) The strategic lawsuit would have been
329		-	14 subject to this chapter if brought in Wyoming;
330		-	15
331		-	16 (ii) The person attempted to invoke the immunity
332		-	17 provided in this chapter, but the other jurisdiction
333		-	18 declined to apply the immunity;
334		-	19
335		-	20 (iii) The person prevailed in that foreign
336		-	21 action, including a dismissal without prejudice or a
337		-	22 dismissal for a lack of jurisdiction;
338		-	23 2025STATE OF WYOMING25LSO-0550
339		-	ENGROSSED
340		-	15HB02231 (iv) The person gave the plaintiff in the
341		-	2 strategic lawsuit notice, in writing, that if the person
342		-	3 prevailed in the plaintiff's strategic lawsuit, the person
343		-	4 would be entitled to bring a cause of action in Wyoming
344		-	5 under this subsection.
345		-	6
346		-	7 (d) A person who prevails in a cause of action
347		-	8 brought under subsection (c) of this section shall be
348		-	9 entitled to:
349		-	10
350		-	11 (i) Statutory damages of not less than ten
351		-	12 thousand dollars ($10,000.00) and not more than one hundred
352		-	13 thousand dollars ($100,000.00);
353		-	14
354		-	15 (ii) Damages in an amount equal to the actual
355		-	16 costs and reasonable attorney fees incurred in the foreign
356		-	17 action incurred after providing notice specified in
357		-	18 paragraph (c)(iv) of this section;
358		-	19
359		-	20 (iii) All costs and reasonable attorney fees
360		-	21 incurred in the cause of action brought under subsection
361		-	22 (c) of this section;
362		-	23 2025STATE OF WYOMING25LSO-0550
363		-	ENGROSSED
364		-	16HB02231 (iv) Any other compensatory damages that the
365		-	2 court deems appropriate.
366		-	3
367		-	4
368		-	5
369		-	6 This chapter shall apply to all actions in the state of
370		-	7 Wyoming and, to the fullest extent permissible, to all
371		-	8 actions in federal courts and foreign jurisdictions.
372		-	9
373		-	10. This act is effective immediately upon
374		-	11 completion of all acts necessary for a bill to become law
375		-	12 as provided by Article 4, Section 8 of the Wyoming
376		-	13 Constitution.
377		-	14
378		-	15 (END)
	342	+	4 (END)