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bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT generally revising laws protecting constitutional rights of petition and free speech; authorizing a person subject to a lawsuit arising from an act in furtherance of a constitutional right of petition or free speech to file a special motion to strike a claim in a civil action; providing a definition; and providing for the award of costs and reasonable attorney fees to a party prevailing on a special motion to strike."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Lawsuit against person asserting constitutional right regarding a public issue -- motion to strike. (1) A civil cause of action against a person arising from any act by that person in furtherance of the person's right of petition or right of free speech under the federal or state constitutions in connection with a public issue is subject to a special motion to strike the claim unless the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim.
(2) In making its determination, the court shall consider the pleadings and the supporting and opposing affidavits stating the facts on which the liability or defense is based.
(3) If the court determines the plaintiff has established a probability that the plaintiff will prevail on the claim, the determination is not admissible as evidence at a later stage of the case or in a subsequent action. The applicable burden of proof or degree of proof is not affected by a court's determination under this subsection (3) at a later stage of the case or in a subsequent proceeding.
(4) The special motion to strike may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time that the court determines is proper. A hearing on the motion must be scheduled within 30 days after the service of the motion unless the docket conditions of the court require a later hearing.
(5) All discovery proceedings in the action must be stayed on filing of a notice of a motion to strike made pursuant to subsection (1). Notwithstanding this subsection (5), the court may order that specified discovery be conducted on noticed motion and for good cause shown.
(6) As used in this section, an "act in furtherance of a person's right of petition or free speech under the federal or state constitutions in connection with a public issue" includes:
(a) a written or oral statement made before a legislative, executive, or judicial proceeding or any other official proceeding authorized by law;
(b) a 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;
(c) a 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; or
(d) any other conduct in furtherance of the exercise of the constitutional right of petition or constitutional right of free speech in connection with a public issue or an issue of public interest.
NEW SECTION. Section 2. Costs and attorney fees. (1) In an action subject to [section 1], a defendant who prevails on a special motion to strike is entitled to recover costs and reasonable attorney fees.
(2) If the court finds that a special motion to strike under [section 1] is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the plaintiff prevailing on the motion.
NEW SECTION. Section 3. Codification instruction. [Sections 1 and 2] are intended to be codified as a new part in Title 27, chapter 1, and the provisions of Title 27, chapter 1, apply to [sections 1 and 2].