71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2460
 
LC 466/HB 2460-A7
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2460
 
                    By COMMITTEE ON JUDICIARY
 
                             May 30
 
  On page 1 of the printed A-engrossed bill, delete lines 3
through 8.
  In line 13, after the period delete the rest of the line and
insert 'The special motion to strike shall be treated as a motion
to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F.
Upon granting the special motion to strike,'.
  On page 2, delete lines 1 through 7 and 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
establish that there is a probability that the plaintiff will
prevail on the claim by presenting substantial evidence to
support a prima facie case. If the plaintiff meets this burden,
the court shall deny the motion.'.
  In line 27, delete ', and may be awarded punitive'.
  In line 28, delete 'damages'.
  In line 31, after '3.' insert '(1)'.
  Delete line 32 and insert 'Attorney General, a district
attorney, a county counsel or a city attorney acting in an
official capacity.
  ' (2) Sections 1 and 2 of this 2001 Act create a procedure for
seeking dismissal of claims described in section 1 (2) of this
2001 Act and do not affect the substantive law governing those
claims.'.
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