Costs Fees Uniform Public Expression Protection Act

UPEPA10 Fees CostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP

SECTION 10. COSTS, ATTORNEY'S FEES, AND EXPENSES.

On a motion under Section 3, the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:

(1) to the moving party if the moving party prevails on the motion; or

(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

§ 10 comment 1.

The mandatory nature of the relief provided for by this section is integral to the uniformity of the Act.

States that do not impose a mandatory award upon dismissal of a cause of action will become safe havens for abusive litigants.

Without the prospect of having to financially reimburse a successful moving party, SLAPP plaintiffs will be able to file their frivolous suits in such states with impunity, knowing that, at worst, their claims will only be dismissed.

But because moving parties would be financially responsible for the expense of obtaining that dismissal, the effect of the abusive cause of action is nevertheless achieved.

The only way to assure a truly uniform application of the Act is to require the award of attorney's fees to successful moving parties.

§ 10 comment 2.

Nothing in this section should be construed to prevent a court, in appropriate circumstances, from awarding sanctions under other applicable law or court rule against a party, the party's attorney, or both.

For instance, many states have adopted court rules analogous to Fed. R. Civ. P. 11, and the constricted breadth of Section 10 should not act as a shield or restriction against the imposition of such sanctions where they would be otherwise warranted.

§ 10 comment 3.

The term "costs" includes filing fees, as well as other monetary amounts a state may define as a "cost."

§ 10 comment 4.

The term "attorney's fees" means the fees paid to the attorney to compensate for his or her time and effort in the prosecution or defense of the motion.

§ 10 comment 5.

The term "litigation expenses" means the hard costs an attorney incurs in the prosecution or defense of the motion.

Typical expenses in a case can include copies and faxes, postage, couriers, expert witnesses, consultants, private court reporters, and travel.

FEES AND COSTS ARTICLES