Creating a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association

This bill enacts the “Uniform Public Expression Protection Act”, which creates a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association. The bill establishes that the new Code chapter applies to cause of action asserted in a civil action against a person based on the person’s communication in a legislative, executive, judicial, administrative, or other governmental proceeding; communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or exercise of the person’s first amendment right on a matter of public concern. The bill does not apply to causes of action against a governmental unit, an employee or agent of a governmental unit acting or purporting to act in an official capacity; by a governmental unit, an employee or agent of a governmental unit acting in an official capacity to enforce or protect against an imminent threat to public health or safety, or against a person engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to a person’s sale or lease of the goods or services. The bill defines “goods or services” to not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work and defines “governmental unit” to mean a public corporation or government or governmental subdivision, agency, or instrumentality. The bill provides that no later than days after being served with a cause of action to which the new Code chapter applies, or at a later time upon showing of good cause, a party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action. The filing of special motion stays all other proceedings between the parties, and the court has discretion to stay a proceeding involving another party if the hearing or ruling on motion would adjudicate an issue material to the motion. A hearing shall be held no later than days after filing the motion, unless the court orders a later hearing to allow discovery or for good cause. A stay remains in effect until an order ruling on the motion is entered and the 30-day appeal period following the order has concluded. During a stay, the court may allow limited discovery if a party shows the information is not reasonably available and that specific information is necessary to establish whether a party has satisfied the party’s burden under the new Code chapter. The court may also, for good cause, hear and rule on motions unrelated to the special motion and a motion seeking an injunction. The bill provides that a motion for costs, attorney fees, and expenses is not subject to the special motion for expedited relief stay. The parties’ ability to voluntarily dismiss or move to sever is not affected by the special motion for expedited relief stay. The bill provides that in ruling on a special motion for expedited relief, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if the moving party establishes that the new Code chapter applies, the responding party fails to establish that the new Code chapter does not apply, and either the responding party fails to establish a prima facie case as to each essential element of the cause of action or the moving party establishes that the responding party failed to state a cause of action upon which relief can be granted or there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. The bill provides that the court may award court costs, reasonable attorney fees, and reasonable litigation fees relating to the special motion to the prevailing party. The bill is a uniform Act drafted by the National Conference of Commissioners on Uniform State Laws. The bill provides that the Code chapter applies to actions that are filed on or after the effective date of the bill.