71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2460
 
LC 466/HB 2460-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2460
 
                    By COMMITTEE ON JUDICIARY
 
                            April 20
 
  On page 1 of the printed bill, line 12, after 'establishes '
insert 'in the manner provided by subsection (3) of this
section'.
  In line 13, after the period insert 'Upon granting the motion,
the court shall enter a judgment of dismissal without
prejudice.'.
  After line 25, insert:
  ' (3) A defendant making a special motion to strike under the
provisions of this section has the initial burden of making a
prima facie showing that the claim against which the motion is
made arises out of a statement, document or conduct described in
subsection (2) of this section. If the defendant meets this
burden, the burden shifts to the plaintiff in the action to make
a prima facie showing of facts that would, if proved at trial,
support a judgment in favor of the plaintiff on the claim. If the
plaintiff meets this burden, the court shall deny the motion.'.
  In line 26, delete '(3)' and insert '(4)'.
  In line 29, delete '(4)' and insert '(5)'.
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