HB 759

Abstract

Strategic lawsuits against public participation; special motion to dismiss; stay of discovery; fees and costs. Establishes a procedure by which a party alleging that a claim filed against him is a strategic lawsuit against public participation (SLAPP), as defined in the bill, may file a special motion to dismiss. The bill provides that the filing of such a special motion to dismiss shall stay discovery proceedings related to the claim, pending the entry of an order adjudicating the special motion to dismiss. The bill provides that a court shall award reasonable expenses related to a special motion to dismiss, including attorney fees and costs, if the moving party prevails, in whole or in part, on such a special motion. The bill allows the court to award such reasonable expenses to a prevailing responding party to a special motion to dismiss if the court finds that such a motion was filed in bad faith or solely with the intent to delay the underlying proceedings.

Strategic lawsuits against public participation; specialmotion to dismiss; stay of discovery; special motion to quash; fees and costs.Establishes a procedure by which a party alleging that a claim filed against himis a strategic lawsuit against public participation (SLAPP), as defined in thebill, may file a special motion to dismiss within 45 days after service of sucha claim. The bill provides that the filing of such a special motion to dismissshall stay discovery proceedings related to the claim, pending the entry of anorder adjudicating the special motion to dismiss, unless the court allowslimited and specific discovery for good cause shown. The bill furtherestablishes a special motion to quash procedure for persons whose personalidentifying information is sought pursuant to a discovery order, request, orsubpoena in connection with an alleged SLAPP. The bill provides that a partyaggrieved by an entry of an order granting or denying a special motion to dismissor special motion to quash shall be permitted to submit a petition for anappeal to the Supreme Court of Virginia. The bill provides that a court shallaward reasonable expenses related to a special motion to dismiss or quash,including attorney fees and costs, if the moving party prevails, in whole or inpart, on such a special motion. The bill allows the court to award suchreasonable expenses to a prevailing responding party to a special motion todismiss or quash if the court finds that such a motion was filed in bad faithor solely with the intent to delay the underlying proceedings.