Establishing certain privileges for communications made regarding incidents of sexual assault, harassment, or discrimination and creating a special motion for expedited relief in such actions

The bill provides for attorney fees and damages available to a prevailing defendant in any action brought under Code chapter 659 (libel and slander) against that defendant for making that communication. The bill allows a defendant in an action of such privileged communication to request an expedited review. The bill further provides for a prevailing defendant in any libel or slander action to recover (1) reasonable attorney fees and costs, (2) noneconomic damages, (3) punitive damages, and (4) any other relief otherwise permitted by law. The bill provides that no later than days after being served with a cause of action to which the bill 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 the 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 bill. 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 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.