71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 466
 
                           B-Engrossed
 
                         House Bill 2460
                  Ordered by the Senate May 30
 Including House Amendments dated April 20 and Senate Amendments
                          dated May 30
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Kurt
  Schrader and Representative Lane Shetterly)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allows defendant in civil action to make special motion to
strike if plaintiff's claim arises out of certain conduct in
furtherance of exercise of constitutional right of petition or
constitutional right of free speech in connection with public
issue or issue of public interest. Requires that court grant
motion unless plaintiff establishes that there is probability
that plaintiff will prevail on claim.
 
                        A BILL FOR AN ACT
Relating to special motions to strike.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A defendant may make a special motion to
strike against a claim in a civil action described in subsection
(2) of this section. The court shall grant the motion unless the
plaintiff establishes in the manner provided by subsection (3) of
this section that there is a probability that the plaintiff will
prevail on the claim. 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,
the court shall enter a judgment of dismissal without prejudice.
  (2) A special motion to strike may be made under this section
against any claim in a civil action that arises out of:
  (a) Any oral statement made, or written statement or other
document submitted, in a legislative, executive or judicial
proceeding or other proceeding authorized by law;
  (b) Any oral statement made, or written statement or other
document submitted, in connection with an issue under
consideration or review by a legislative, executive or judicial
body or other proceeding authorized by law;
  (c) Any oral statement made, or written statement or other
document presented, 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 the constitutional right of
 
free speech in connection with a public issue or an issue of
public interest.
  (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.
  (4) In making a determination under subsection (1) of this
section, the court shall consider pleadings and supporting and
opposing affidavits stating the facts upon which the liability or
defense is based.
  (5) If the court determines that the plaintiff has established
a probability that the plaintiff will prevail on the claim:
  (a) The fact that the determination has been made and the
substance of the determination may not be admitted in evidence at
any later stage of the case; and
  (b) The determination does not affect the burden of proof or
standard of proof that is applied in the proceeding. + }
  SECTION 2.  { + (1) A special motion to strike under section 1
of this 2001 Act must be filed within 60 days after the service
of the complaint or, in the court's discretion, at any later
time. A hearing shall be held on the motion not more than 30 days
after the filing of the motion unless the docket conditions of
the court require a later hearing.
  (2) All discovery in the proceeding shall be stayed upon the
filing of a special motion to strike under section 1 of this 2001
Act. The stay of discovery shall remain in effect until entry of
the order ruling on the motion. The court, on motion and for good
cause shown, may order that specified discovery be conducted
notwithstanding the stay imposed by this subsection.
  (3) A defendant who prevails on a special motion to strike made
under section 1 of this 2001 Act shall be awarded reasonable
attorney 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 shall award costs and reasonable attorney fees
to a plaintiff who prevails on a special motion to strike. + }
  SECTION 3.  { + (1) Sections 1 and 2 of this 2001 Act do not
apply to an action brought by the 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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