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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