75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2528
 
                           A-Engrossed
 
                         Senate Bill 543
                 Ordered by the Senate April 27
           Including Senate Amendments dated April 27
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Requires that court enter limited judgment if court denies
special motion to strike.
 
                        A BILL FOR AN ACT
Relating to special motions to strike; creating new provisions;
  and amending ORS 31.150 and 31.152.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.150 is amended to read:
  31.150. (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.
 { +  If the court denies a special motion to strike, the court
shall enter a limited judgment denying the motion. + }
  (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.  { + The amendments to ORS 31.150 by section 1 of
this 2009 Act apply only to special motions to strike filed under
ORS 31.150 on or after the effective date of this 2009 Act. + }
  SECTION 3. ORS 31.152 is amended to read:
  31.152. (1) A special motion to strike under ORS 31.150 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 ORS 31.150. The stay
of discovery shall remain in effect until entry of the
 { - order ruling on the motion - }  { +  judgment + }. 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 ORS 31.150 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.
   { +  (4) The purpose of the procedure established by this
section and ORS 31.150 and 31.155 is to provide a defendant with
the right to not proceed to trial in cases in which the plaintiff
does not meet the burden specified in ORS 31.150 (3). This
section and ORS 31.150 and 31.155 are to be liberally construed
in favor of the exercise of the rights of expression described in
ORS 31.150 (2). + }
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