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House Study Bill 12 - IntroducedA Bill ForAn Act 1relating to judicial motions and causes of action
2arising from a person’s participation in matters of public
3significance.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 619.20 Protection of public
2participation — special motion to strike.
31. The general assembly finds and declares that it is in the
4public interest to encourage continued participation in matters
5of public significance, and that this participation should not
6be chilled through abuse of the judicial process. To this end,
7this section shall be construed broadly.
82. As used in this section, unless the context otherwise
9requires:
10a. “Act in furtherance of the person’s right of petition or
11free speech under the Constitution of the United States or the
12Constitution of the State of Iowa in connection with a public
13issue” includes all of the following:
14(1) Any written or oral statement or writing made before a
15legislative, executive, or judicial proceeding, or any other
16official proceeding authorized by law.
17(2) Any written or oral statement or writing made in
18connection with an issue under consideration or review by a
19legislative, executive, or judicial body, or any other official
20proceeding authorized by law.
21(3) Any written or oral statement or writing made in a place
22open to the public or a public forum in connection with an
23issue of public interest.
24(4) Any other conduct in furtherance of the exercise of the
25constitutional right of petition or the constitutional right
26of free speech in connection with a public issue or an issue of
27public interest.
28b. “Complaint” includes a cross-complaint and a petition.
29c. “Defendant” includes a cross-defendant and a respondent.
30d. “Plaintiff” includes a cross-complainant and a
31petitioner.
323. a. A cause of action against a person arising from any
33act or omission of that person in furtherance of the person’s
34right of petition or free speech under the Constitution of
35the United States or the Constitution of the State of Iowa in
-1-1connection with a public issue shall be subject to a special
2motion to strike, unless the court determines the plaintiff has
3established there is a probability the plaintiff will prevail
4on the claim.
5b. In making its determination, the court shall consider the
6pleadings and supporting and opposing affidavits stating the
7facts upon which the liability or defense is based.
8c. If the court determines the plaintiff has established
9a probability that the plaintiff will prevail on the claim,
10neither that determination nor the fact of that determination
11shall be admissible in evidence at any later stage of the
12case, or in any subsequent action, and no burden of proof
13or degree of proof otherwise applicable shall be affected by
14that determination in any later stage of the case or in any
15subsequent proceeding.
164. a. Except as provided in paragraph “b”, in any action
17subject to subsection 3, a prevailing defendant on a special
18motion to strike shall be entitled to recover costs and
19reasonable attorney fees. If the court finds that a special
20motion to strike is frivolous or is solely intended to cause
21unnecessary delay, the court shall award costs and reasonable
22attorney fees incurred in opposing the motion to a plaintiff
23prevailing on the motion.
24b. A defendant who prevails on a special motion to strike
25in an action subject to paragraph “a” shall not be entitled
26to costs and attorney fees if that cause of action is brought
27pursuant to chapter 21, 22, or 23.
285. The special motion may be filed within sixty days after
29the service of the complaint or, in the court’s discretion, at
30any later time upon terms the court deems proper. The motion
31shall be scheduled for a hearing not more than thirty days
32after the service of the motion unless the docket conditions of
33the court require a later hearing.
346. All discovery proceedings in the action shall be stayed
35upon the filing of a notice of motion made pursuant to this
-2-1section. The stay of discovery shall remain in effect until
2notice of entry of the order ruling on the motion. The
3court, on noticed motion and for good cause shown, may order
4that specified discovery be conducted notwithstanding this
5subsection.
67. An order granting or denying a special motion to strike
7shall be appealable under the rules of appellate procedure.
88. This section shall not apply to any enforcement action
9brought by the attorney general, a district attorney, a
10county attorney, a city attorney, or any attorney charged with
11prosecuting violations of state or local laws.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to causes of action arising from a person’s
16participation in matters of public significance.
17The bill defines an “act in furtherance of the person’s right
18of petition or free speech under the Constitution of the United
19States or the Constitution of the State of Iowa in connection
20with a public issue” to include all of the following: any
21written or oral statement or writing made before a legislative,
22executive, or judicial proceeding, or any other official
23proceeding authorized by law; any written or oral statement or
24writing made in connection with an issue under consideration or
25review by a legislative, executive, or judicial body, or any
26other official proceeding authorized by law; any written or
27oral statement or writing made in a place open to the public or
28a public forum in connection with an issue of public interest;
29and any other conduct in furtherance of the exercise of the
30constitutional right of petition or the constitutional right
31of free speech in connection with a public issue or an issue of
32public interest.
33The bill provides that causes of action against a person
34arising from any act or omission of that person in furtherance
35of the person’s right of petition or free speech in connection
-3-1with a public issue shall be subject to a special motion to
2strike. However, such causes of action shall not be subject
3to a special motion to strike if the court determines the
4plaintiff has established there is a probability the plaintiff
5will prevail on the claim. In making this determination, the
6court is to consider the pleadings and supporting and opposing
7affidavits.
8The bill provides that if the court determines the plaintiff
9has established a probability that the plaintiff will prevail
10on the claim, neither that determination nor the fact of that
11determination shall be admissible in evidence at any later
12stage of the case, or in any subsequent action. Further, such
13findings are not to affect the burden of proof or degree of
14proof otherwise applicable in any later stage of the case or
15in any subsequent proceeding.
16The bill provides that a defendant who prevails on a special
17motion to strike is entitled to recover costs and reasonable
18attorney fees, unless the cause of action was brought pursuant
19to Code chapter 21 (open meetings), 22 (open records), or 23
20(public information board).
21If the court finds that a special motion to strike is
22frivolous or is solely intended to cause unnecessary delay,
23the court must award costs and reasonable attorney fees to the
24plaintiff prevailing on the motion for costs incurred to oppose
25the motion.
26The bill also describes when the special motion is to be
27filed and when the hearing is to be held. Specifically, the
28special motion may be filed within 60 days after the service
29of the complaint or, in the court’s discretion, at any later
30time. The motion is to be scheduled for a hearing not more
31than 30 days after the service of the motion unless the docket
32conditions of the court require a later hearing.
33All discovery proceedings in the action are to be stayed upon
34the filing of a notice of motion. The stay of discovery is
35to remain in effect until notice of entry of the order ruling
-4-1on the motion. However, the court may order that specified
2discovery be conducted.
3An order granting or denying a special motion to strike is
4appealable under the rules of appellate procedure.
5Finally, the provisions of the bill do not apply to any
6enforcement action brought by the attorney general, a district
7attorney, a county attorney, a city attorney, or any attorney
8charged with prosecuting violations of state or local laws.
-5-cm/jh
2arising from a person’s participation in matters of public
3significance.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 619.20 Protection of public
2participation — special motion to strike.
31. The general assembly finds and declares that it is in the
4public interest to encourage continued participation in matters
5of public significance, and that this participation should not
6be chilled through abuse of the judicial process. To this end,
7this section shall be construed broadly.
82. As used in this section, unless the context otherwise
9requires:
10a. “Act in furtherance of the person’s right of petition or
11free speech under the Constitution of the United States or the
12Constitution of the State of Iowa in connection with a public
13issue” includes all of the following:
14(1) Any written or oral statement or writing made before a
15legislative, executive, or judicial proceeding, or any other
16official proceeding authorized by law.
17(2) Any written or oral statement or writing made in
18connection with an issue under consideration or review by a
19legislative, executive, or judicial body, or any other official
20proceeding authorized by law.
21(3) Any written or oral statement or writing made in a place
22open to the public or a public forum in connection with an
23issue of public interest.
24(4) Any other conduct in furtherance of the exercise of the
25constitutional right of petition or the constitutional right
26of free speech in connection with a public issue or an issue of
27public interest.
28b. “Complaint” includes a cross-complaint and a petition.
29c. “Defendant” includes a cross-defendant and a respondent.
30d. “Plaintiff” includes a cross-complainant and a
31petitioner.
323. a. A cause of action against a person arising from any
33act or omission of that person in furtherance of the person’s
34right of petition or free speech under the Constitution of
35the United States or the Constitution of the State of Iowa in
-1-1connection with a public issue shall be subject to a special
2motion to strike, unless the court determines the plaintiff has
3established there is a probability the plaintiff will prevail
4on the claim.
5b. In making its determination, the court shall consider the
6pleadings and supporting and opposing affidavits stating the
7facts upon which the liability or defense is based.
8c. If the court determines the plaintiff has established
9a probability that the plaintiff will prevail on the claim,
10neither that determination nor the fact of that determination
11shall be admissible in evidence at any later stage of the
12case, or in any subsequent action, and no burden of proof
13or degree of proof otherwise applicable shall be affected by
14that determination in any later stage of the case or in any
15subsequent proceeding.
164. a. Except as provided in paragraph “b”, in any action
17subject to subsection 3, a prevailing defendant on a special
18motion to strike shall be entitled to recover costs and
19reasonable attorney fees. If the court finds that a special
20motion to strike is frivolous or is solely intended to cause
21unnecessary delay, the court shall award costs and reasonable
22attorney fees incurred in opposing the motion to a plaintiff
23prevailing on the motion.
24b. A defendant who prevails on a special motion to strike
25in an action subject to paragraph “a” shall not be entitled
26to costs and attorney fees if that cause of action is brought
27pursuant to chapter 21, 22, or 23.
285. The special motion may be filed within sixty days after
29the service of the complaint or, in the court’s discretion, at
30any later time upon terms the court deems proper. The motion
31shall be scheduled for a hearing not more than thirty days
32after the service of the motion unless the docket conditions of
33the court require a later hearing.
346. All discovery proceedings in the action shall be stayed
35upon the filing of a notice of motion made pursuant to this
-2-1section. The stay of discovery shall remain in effect until
2notice of entry of the order ruling on the motion. The
3court, on noticed motion and for good cause shown, may order
4that specified discovery be conducted notwithstanding this
5subsection.
67. An order granting or denying a special motion to strike
7shall be appealable under the rules of appellate procedure.
88. This section shall not apply to any enforcement action
9brought by the attorney general, a district attorney, a
10county attorney, a city attorney, or any attorney charged with
11prosecuting violations of state or local laws.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to causes of action arising from a person’s
16participation in matters of public significance.
17The bill defines an “act in furtherance of the person’s right
18of petition or free speech under the Constitution of the United
19States or the Constitution of the State of Iowa in connection
20with a public issue” to include all of the following: any
21written or oral statement or writing made before a legislative,
22executive, or judicial proceeding, or any other official
23proceeding authorized by law; any written or oral statement or
24writing made in connection with an issue under consideration or
25review by a legislative, executive, or judicial body, or any
26other official proceeding authorized by law; any written or
27oral statement or writing made in a place open to the public or
28a public forum in connection with an issue of public interest;
29and any other conduct in furtherance of the exercise of the
30constitutional right of petition or the constitutional right
31of free speech in connection with a public issue or an issue of
32public interest.
33The bill provides that causes of action against a person
34arising from any act or omission of that person in furtherance
35of the person’s right of petition or free speech in connection
-3-1with a public issue shall be subject to a special motion to
2strike. However, such causes of action shall not be subject
3to a special motion to strike if the court determines the
4plaintiff has established there is a probability the plaintiff
5will prevail on the claim. In making this determination, the
6court is to consider the pleadings and supporting and opposing
7affidavits.
8The bill provides that if the court determines the plaintiff
9has established a probability that the plaintiff will prevail
10on the claim, neither that determination nor the fact of that
11determination shall be admissible in evidence at any later
12stage of the case, or in any subsequent action. Further, such
13findings are not to affect the burden of proof or degree of
14proof otherwise applicable in any later stage of the case or
15in any subsequent proceeding.
16The bill provides that a defendant who prevails on a special
17motion to strike is entitled to recover costs and reasonable
18attorney fees, unless the cause of action was brought pursuant
19to Code chapter 21 (open meetings), 22 (open records), or 23
20(public information board).
21If the court finds that a special motion to strike is
22frivolous or is solely intended to cause unnecessary delay,
23the court must award costs and reasonable attorney fees to the
24plaintiff prevailing on the motion for costs incurred to oppose
25the motion.
26The bill also describes when the special motion is to be
27filed and when the hearing is to be held. Specifically, the
28special motion may be filed within 60 days after the service
29of the complaint or, in the court’s discretion, at any later
30time. The motion is to be scheduled for a hearing not more
31than 30 days after the service of the motion unless the docket
32conditions of the court require a later hearing.
33All discovery proceedings in the action are to be stayed upon
34the filing of a notice of motion. The stay of discovery is
35to remain in effect until notice of entry of the order ruling
-4-1on the motion. However, the court may order that specified
2discovery be conducted.
3An order granting or denying a special motion to strike is
4appealable under the rules of appellate procedure.
5Finally, the provisions of the bill do not apply to any
6enforcement action brought by the attorney general, a district
7attorney, a county attorney, a city attorney, or any attorney
8charged with prosecuting violations of state or local laws.
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