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Costs Fees Uniform Public Expression Protection Act
Site.CostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP History
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!!On a motion under Section 3, the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:
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!!On a motion under [[SpecialMotionPublicExpressionProtectionAntiSLAPP|Section 3]], the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:
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UPEPA10 [[!Fees]] [-PCostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP-]
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UPEPA10 [[!Fees]] [-CostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP-]
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!!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.
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§ 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.
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§ 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.
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§ 10 comment 3.
->The term "costs" includes filing fees, as well as other monetary amounts a state may define as a "cost."
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§ 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.
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§ 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.
!!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.
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§ 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."
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§ 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.
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§ 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.
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!!!FEES AND COSTS ARTICLES
* [[https://www.forbes.com/sites/jayadkisson/2021/09/13/the-uniform-public-expression-protection-act-costs-attorneys-fees-and-litigation-expenses/|2021.09.13]] ... The Uniform Public Expression Protection Act: Costs, Attorney's Fees And Litigation Expenses
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!!!TEXT OPINIONS
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!!!FEES AND COSTS OPINIONS
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UPEPA10 [[!TFees]] [-PCostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP-]
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UPEPA10 [[!Fees]] [-PCostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP-]
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(:title TEXT:)
(:Summary: TEXT:)
(:description TEXT:)
(:keywords upepa, public, expression, protection, slapp, antislapp, anti-slapp, TOPIC:)
(:Summary: TEXT:)
(:description TEXT
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(:title Costs Fees Uniform Public Expression Protection Act:)
(:Summary: Costs Fees Uniform Public Expression Protection Act:)
(:description Costs Fees Uniform Public Expression Protection Act:)
(:keywords upepa, public, expression, protection, slapp, antislapp, anti-slapp, costs, fees:)
(:Summary: Costs Fees Uniform Public Expression Protection Act:)
(:description Costs Fees Uniform Public Expression Protection Act:)
(:keywords upepa, public, expression, protection, slapp, antislapp, anti-slapp, costs, fees:)
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UPEPA10 [[!TFees]] [-PCostsAttorneyFeesExpensesPublicExpressionProtectionAntiSLAPP-]
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(:pagelist link=Category.TEXT list=normal fmt=title:)
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(:pagelist link=Category.UPEPA10 list=normal fmt=title:)
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(:title TEXT:)
(:Summary: TEXT:)
(:description TEXT:)
(:keywords upepa, public, expression, protection, slapp, antislapp, anti-slapp, TOPIC:)
(:linebreaks:)
[[!UPEPA0X]] [[!TOPIC]] [-PAGENAME-]
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TEXT
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!!!TEXT OPINIONS
(:pagelist link=Category.TEXT list=normal fmt=title:)
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[[<<]]
(:Summary: TEXT:)
(:description TEXT:)
(:keywords upepa, public, expression, protection, slapp, antislapp, anti-slapp, TOPIC:)
(:linebreaks:)
[[!UPEPA0X]] [[!TOPIC]] [-PAGENAME-]
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[[<<]]
TEXT
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!!!TEXT OPINIONS
(:pagelist link=Category.TEXT list=normal fmt=title:)
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