HSB 12

This bill relates to causes of action arising from a person’s participation in matters of public significance. The bill defines an “act in furtherance of the person’s right of petition or free speech under the Constitution of the United States or the Constitution of the State of Iowa in connection with a public issue” to include all of the following: any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; and any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest. _____ 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 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). If 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 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 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. _____ 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. 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.