HSB 537

The bill provides that causes of action against a person arising from any act or omission of that person in furtherance of the person’s right of petition or free speech in connection with a public issue shall be subject to a special motion to strike. However, such causes of action shall not be subject to a special motion to strike if the court determines the plaintiff has established there is a probability the plaintiff will prevail on the claim. In making this determination, the the court is to consider the pleadings and supporting and opposing affidavits. The bill provides that if the court determines the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action. Further, such findings are not to affect the burden of proof or degree of proof otherwise applicable in any later stage of the case or in any subsequent proceeding. The bill provides that a defendant who prevails on a special motion to strike is entitled to recover costs and reasonable attorney fees, unless the cause of action was brought pursuant to Code chapter (open meetings), (open records), or (public information board). _____ the court must award costs and reasonable attorney fees to the plaintiff prevailing on the motion for costs incurred to oppose the motion. The bill also describes when the special motion is to be filed and when the hearing is to be held. Specifically, the special motion may be filed within days after the service of the complaint or, in the court’s discretion, at any later time. The motion is to be scheduled by the clerk of the court for a hearing not more than days after the service of the motion unless the docket conditions of the court require a later hearing. All discovery proceedings in the action are to be stayed upon the filing of a notice of motion. The stay of discovery is to remain in effect until notice of entry of the order ruling on the motion. However, the court may order that specified discovery be conducted. An order granting or denying a special motion to strike is appealable under the rules of appellate procedure. Information related to these special motions to strike is to be maintained by the judicial branch. Any party who files a special motion to strike and any party who files an opposition to a special motion to strike is required to transmit to the judicial branch information related to the special motion or opposition. The judicial branch is to maintain a public record of such information for at least three years. Finally, the provisions of the bill do not apply to any enforcement action brought by the attorney general, a district attorney, a county attorney, a city attorney, or any attorney charged with prosecuting violations of state or local laws.