SB121: relative to preventing strategic lawsuits against public participation.

SB 121 – AS INTRODUCED

2007 SESSION

07-1276

06/03

SENATE BILL 121

AN ACT relative to preventing strategic lawsuits against public participation.

SPONSORS: Sen. Cilley, Dist 6; Sen. Kenney, Dist 3; Rep. Wall, Straf 7; Rep. DiFruscia, Rock 4; Rep. Snow, Rock 1; Rep. Perry, Straf 3

COMMITTEE: Judiciary

ANALYSIS

This bill establishes court procedures to prevent strategic lawsuits against public participation.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1276

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to preventing strategic lawsuits against public participation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Prevention of Strategic Lawsuits Against Public Participation. Amend RSA 507 by inserting after section 15 the following new section:

507:15-a Strategic Lawsuits Against Public Participation.

I. A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or New Hampshire constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. In making its determination, the court shall consider the pleadings, and

supporting and opposing affidavits stating the facts upon which the liability or defense is based. If the court determines that the plaintiff has established a probability of prevailing on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination.

II. In any action subject to paragraph I, a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court may award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion.

III. This section shall not apply to any enforcement action brought in the name of the people of the state of New Hampshire by the department of justice.

IV. As used in this section “act in furtherance of a person’s right of petition or free speech under the United States Constitution or New Hampshire constitution in connection with a public issue” includes:

(a) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law.

(b) 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.

(c) 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.

V. The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.

VI. All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The motion shall be noticed for hearing not more than 30 days after service unless the docket conditions of the court require a later hearing. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this paragraph.

2 Effective Date. This act shall take effect January 1, 2008.