Hawaii Anti-SLAPP Laws Acts UPEPA
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Hawaii Anti-SLAPP Acts & Laws
Last updated 2017-06-14
HRS § 634F-1. Definitions
As used in this chapter, unless the context otherwise requires:
“Governmental body” includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority.
“Judicial claim” or “claim” includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.
“Lacks substantial justification” means substantially frivolous, substantially groundless, or substantially vexatious.
“Motion” includes any motion to dismiss, for summary judgment, for judgment on the pleadings or to strike, a demurrer, or any other judicial pleading filed to dispose of a judicial claim.
“Moving party” means any person on whose behalf the motion described in section 634F-2 is filed seeking dismissal of the judicial claim.
“Person” includes any individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity.
“Public participation” means any oral or written testimony submitted or provided to a governmental body during the course of a governmental proceeding.
“Responding party” means any person against whom the motion described in section 634F-2 is filed.
“SLAPP” means a strategic lawsuit against public participation and refers to a lawsuit that lacks substantial justification or is interposed for delay or harassment and that is solely based on the party’s public participation before a governmental body.
HRS § 634F-2. Required procedures; motion
Notwithstanding any law to the contrary, including rules of court, upon the filing of any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or involves public participation and is a SLAPP lawsuit:
(1) The motion shall be treated as a motion for judgment on the pleadings, matters outside the pleadings shall be excluded by the court, and the court shall expedite the hearing of the motion;
(2) The moving party shall have a right:
(A) To an immediate appeal from a court order denying the motion; and
(B) To file an application for a writ of mandamus if the court fails to rule on the motion in an expedited fashion;
(3) Discovery shall be suspended, pending decision on the motion and appeals;
(4) The responding party shall:
(A) Without leave of court, have seven days to amend its pleadings to be pled with specificity, and shall include such supporting particulars as are peculiarly within the supporting pleader’s knowledge; and
(B) Have the burden of proof and persuasion on the motion;
(5) The court shall make its determination based upon the allegations contained in the pleadings;
(6) The court shall grant the motion and dismiss the judicial claim, unless the responding party has demonstrated that more likely than not, the respondent’s allegations do not constitute a SLAPP lawsuit as defined in section 634F-1;
(7) Any governmental body to which the moving party’s acts were directed or the attorney general in the case of a state governmental body, or the county attorney or corporation counsel in the case of a county governmental body may intervene to defend or otherwise support the moving party in the lawsuit;
(8) The court shall award a moving party who prevails on the motion, without regard to any limits under state law:
(A) Actual damages or $5,000, whichever is greater;
(B) Costs of suit, including reasonable attorneys’ and expert witness fees, incurred in connection with the motion; and
(C) Such additional sanctions upon the responding party, its attorneys, or law firms as the court determines shall be sufficient to deter repetition of the conduct and comparable conduct by others similarly situated; and
(9) Any person damaged or injured by reason of a claim filed in violation of their rights under this chapter may seek relief in the form of a claim for actual or compensatory damages, as well as punitive damages, attorneys’ fees, and costs, from the person responsible.
HRS § 634F-3. Relationship to other laws
Nothing in this chapter shall limit or preclude any rights the moving party may have under any other constitutional, statutory, case or common law, or rule provisions.
HRS § 634F-4. Rule of construction
This chapter shall be construed liberally to fully effectuate its purposes and intent.
Hawaii Public Expression Protection Act
HRS § ___ -1. Short Title
This chapter may be cited as the Hawaii Public Expression Protection Act.
HRS § ___ -2. Scope of chapter
(a) Except as otherwise provided in subsection (b), this chapter shall apply to a cause of action asserted against a person based on the person's:
(b) This chapter shall not apply to a cause of action asserted:
(c) As used in this section:
HRS § ___ -3 . Required procedures; motions; stays
(a) Notwithstanding any law to the contrary, including rules of the court, no later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion to dismiss the cause of action or part of the cause of action.
(b) Except as otherwise provided in this section:
(c) A stay under subsection (b) shall remain in effect until entry of an order ruling on the motion filed under subsection (a) and the expiration of the time to appeal the order.
(d) If a party appeals from an order ruling on a motion filed under subsection (a), all proceedings between all parties in an action shall be stayed. The stay shall remain in effect until the conclusion of the appeal.
(e) During a stay under subsection (b), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the burden imposed by section -6(a) and is not reasonably available without discovery.
(f) A motion for costs and expenses under section -9 shall not be subject to a stay under this section.
(g) A stay under this section shall not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.
(h) During a stay under this section, the court for good cause may hear and rule on a motion:
HRS § ___ -4. Expedited hearings
(a) The court shall hear a motion under section -3(a) no later than sixty days after filing of the motion, unless the court orders a later hearing:
(b) If the court orders a later hearing under subsection (a)(1), the court shall hear the motion under section -3(a) no later than sixty days after the court order allowing the discovery, subject to subsection (a)(2).
HRS § ___ -5. Evidence
In ruling on a motion under section -3(a), the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under the applicable Hawaii rules of civil procedure.
HRS § ___ -6. Dismissal of cause of action
(a) In ruling on a motion under section -3(a), the court shall dismiss with prejudice a cause of action or part of a cause of action if:
(b) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section -3(a) shall not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under section -9.
(c) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section -3(a) shall establish for the purpose of section -9 that the moving party prevailed on the motion.
HRS § ___ -7. Court ruling
The court shall rule on a motion under section -3(a) no later than sixty days after the hearing under section -4.
HRS § ___ -8. Appeal
A moving party may appeal within thirty days as a matter of right from an order denying, in whole or in part, a motion under section -3(a).
HRS § ___ -9. Costs, attorney's fees, and expenses
On a motion under section -3(a) the court shall award costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:
HRS § ___ -10. Rule of construction
This chapter shall be construed liberally to fully effectuate its purposes and intent to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or Hawaii State Constitution.
HRS § ___ -11. Uniformity of application and construction
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
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Hawaii Anti-SLAPP Acts & Laws
Last updated 2017-06-14
HRS § 634F-1. Definitions
As used in this chapter, unless the context otherwise requires:
“Governmental body” includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority.
“Judicial claim” or “claim” includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.
“Lacks substantial justification” means substantially frivolous, substantially groundless, or substantially vexatious.
“Motion” includes any motion to dismiss, for summary judgment, for judgment on the pleadings or to strike, a demurrer, or any other judicial pleading filed to dispose of a judicial claim.
“Moving party” means any person on whose behalf the motion described in section 634F-2 is filed seeking dismissal of the judicial claim.
“Person” includes any individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity.
“Public participation” means any oral or written testimony submitted or provided to a governmental body during the course of a governmental proceeding.
“Responding party” means any person against whom the motion described in section 634F-2 is filed.
“SLAPP” means a strategic lawsuit against public participation and refers to a lawsuit that lacks substantial justification or is interposed for delay or harassment and that is solely based on the party’s public participation before a governmental body.
HRS § 634F-2. Required procedures; motion
Notwithstanding any law to the contrary, including rules of court, upon the filing of any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or involves public participation and is a SLAPP lawsuit:
(1) The motion shall be treated as a motion for judgment on the pleadings, matters outside the pleadings shall be excluded by the court, and the court shall expedite the hearing of the motion;
(2) The moving party shall have a right:
(A) To an immediate appeal from a court order denying the motion; and
(B) To file an application for a writ of mandamus if the court fails to rule on the motion in an expedited fashion;
(3) Discovery shall be suspended, pending decision on the motion and appeals;
(4) The responding party shall:
(A) Without leave of court, have seven days to amend its pleadings to be pled with specificity, and shall include such supporting particulars as are peculiarly within the supporting pleader’s knowledge; and
(B) Have the burden of proof and persuasion on the motion;
(5) The court shall make its determination based upon the allegations contained in the pleadings;
(6) The court shall grant the motion and dismiss the judicial claim, unless the responding party has demonstrated that more likely than not, the respondent’s allegations do not constitute a SLAPP lawsuit as defined in section 634F-1;
(7) Any governmental body to which the moving party’s acts were directed or the attorney general in the case of a state governmental body, or the county attorney or corporation counsel in the case of a county governmental body may intervene to defend or otherwise support the moving party in the lawsuit;
(8) The court shall award a moving party who prevails on the motion, without regard to any limits under state law:
(A) Actual damages or $5,000, whichever is greater;
(B) Costs of suit, including reasonable attorneys’ and expert witness fees, incurred in connection with the motion; and
(C) Such additional sanctions upon the responding party, its attorneys, or law firms as the court determines shall be sufficient to deter repetition of the conduct and comparable conduct by others similarly situated; and
(9) Any person damaged or injured by reason of a claim filed in violation of their rights under this chapter may seek relief in the form of a claim for actual or compensatory damages, as well as punitive damages, attorneys’ fees, and costs, from the person responsible.
HRS § 634F-3. Relationship to other laws
Nothing in this chapter shall limit or preclude any rights the moving party may have under any other constitutional, statutory, case or common law, or rule provisions.
HRS § 634F-4. Rule of construction
This chapter shall be construed liberally to fully effectuate its purposes and intent.
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