Adkisson's
ANTI-SLAPP LAWS
and the Uniform Public Expession Protection Act (UPEPA)
Indiana Anti-SLAPP Acts & Laws
Last updated 2017-06-18
IC 34-7-7-1 Applicability
Sec. 1.
(a) This chapter applies to an act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue or an issue of public interest that arises after June 30, 1998. This chapter does not apply to an action that was filed and is pending before July 1, 1998.
(b) This chapter does not apply to an enforcement action brought in the name of the state of Indiana by the attorney general, a prosecuting attorney, or another attorney acting as a public prosecutor.
IC 34-7-7-2 "Act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" defined
Sec. 2.
As used in this chapter, "act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" includes any conduct in furtherance of the exercise of the constitutional right of:
(1) petition; or
(2) free speech;
in connection with a public issue or an issue of public interest.
IC 34-7-7-3 "Claim" defined
Sec. 3.
As used in this chapter, "claim" means:
(1) a lawsuit;
(2) a cause of action;
(3) a petition;
(4) a complaint;
(5) a cross claim;
(6) a counterclaim; or
(7) any other judicial pleading or filing;
that requests legal or equitable relief.
IC 34-7-7-4 "Person" defined
Sec. 4.
As used in this chapter, "person" means any of the following:
(1) An individual.
(2) Any other legal entity.
IC 34-7-7-5 Conditions under which rights of petition or free speech may be used as defense
Sec. 5.
It is a defense in a civil action against a person that the act or omission complained of is:
(1) an act or omission of that person in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue; and
(2) an act or omission taken in good faith and with a reasonable basis in law and fact.
IC 34-7-7-6. Discovery; stay pending motion to dismiss
Sec. 6.
All discovery proceedings in the action are stayed upon the filing of a motion to dismiss made under this chapter, except for discovery relevant to the motion.
IC 34-7-7-7. Costs and attorney fees; defendant successful in motion to dismiss
Sec. 7.
A prevailing defendant on a motion to dismiss made under this chapter is entitled to recover reasonable attorney's fees and costs.
IC 34-7-7-8. Costs and attorney fees; defendant unsuccessful in motion to dismiss
Sec. 8.
If a court finds that a motion to dismiss made under this chapter is:
(1) frivolous; or
(2) solely intended to cause unnecessary delay;
the plaintiff is entitled to recover reasonable attorney's fees and costs to answer the motion.
IC 34-7-7-9. Motion to dismiss; procedures and determination
Sec. 9.
(a) If a person files a motion to dismiss under this chapter, the court in which the motion is filed shall do the following:
(1) Treat the motion as a motion for summary judgment.
(2) Establish a reasonable time period, not to exceed one hundred eighty (180) days, to expedite and rule on the motion.
(3) Specify time limits for the discovery of evidence to respond to material issues raised in the motion.
(b) The person who files a motion to dismiss must state with specificity the public issue or issue of public interest that prompted the act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana.
(c) The court shall make its determination based on the facts contained in the pleadings and affidavits filed and discovered under the expedited proceeding.
(d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana.
(e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.
(f) If a court does not act within the thirty (30) days provided in subsection (e), the person filing the motion may appeal the matter based on the court's failure to rule on the motion.
IC 34-7-7-10. Remedy in addition to other remedies provided by law
Sec. 10.
The remedy provided by this chapter is in addition to other remedies provided by law.
ARTICLES ON ANTI-SLAPP
UNITED STATES ANTI-SLAPP LAWS
ARTICLES CURRENT
2021.06.22 ... The Uniform Public Expression Protection Act: Proof And Evidence
2021.06.19 ... The Uniform Public Expression Protection Act: The Hearing And Ruling
2021.06.09 ... The Uniform Public Expression Protection Act: The Automatic Stay
2021.05.31 ... The Uniform Public Expression Protection Act: The Special Motion
2021.05.11 ... The Uniform Public Expression Protection Act: Scope And Applicability
2021.04.30 ... Washington State Legislature Passes The Uniform Public Expression Protection Act
2021.03.15 ... The Uniform Public Expression Protection Act: The Three-Phase Analysis
2021.02.26 ... The Uniform Public Expression Protection Act: Background And Underpinnings
__________
Arizona ..... A.R.S. § 12-751, et seq.
Alabama ..... No Anti-SLAPP statute when last checked.
Alaska ..... No Anti-SLAPP statute when last checked.
Arkansas ..... A.C.A. § 16-63-502, et seq.
California ..... C.C.P. § 425.16, et seq.
Colorado ..... No Anti-SLAPP statute when last checked.
Connecticut ..... No Anti-SLAPP statute when last checked.
Delaware ..... 10 Del.C. § 8136, et seq.
Florida ..... F.S. § 768.295
Georgia ..... Ga.C. § 9-11-11.1.
Hawaii ..... HRS § 634F-1, et seq.
Idaho ..... No Anti-SLAPP statute when last checked.
Illinois ..... 735 ILCS 110/1, et seq.
Indiana ..... I.C. § 34-7-7-1, et seq.
Iowa ..... No Anti-SLAPP statute when last checked.
Kansas ..... Kan.Stat. § 60-5320
Kentucky ..... No Anti-SLAPP statute when last checked.
Louisiana ..... C.C.P. Art. 971
Maine ..... 14 Me.R.S. § 556
Maryland ..... MD Code, Courts & Jud. Proceedings § 5-807
Massachusetts ..... M.G.L. 231 § 59H
Michigan ..... No Anti-SLAPP statute when last checked.
Minnesota ..... Mn.Stat. § 554.01, et seq.
Mississippi ..... No Anti-SLAPP statute when last checked.
Missouri ..... Mo.Stat. § 537.528
Montana ..... No Anti-SLAPP statute when last checked.
Nebraska ..... Neb.Rev.Stat. § 25-21, 242, et seq.
Nevada ..... N.R.S. § 41.635, et seq.
New Hampshire ..... No Anti-SLAPP statute when last checked.
New Jersey ..... No Anti-SLAPP statute when last checked.
New Mexico ..... N.Mex.Stat. § 38-2-9.1, et seq.
New York ..... N.Y.Civ.Rights.L. § 70-a.
North Carolina ..... No Anti-SLAPP statute when last checked.
North Dakota ..... No Anti-SLAPP statute when last checked.
Ohio ..... No Anti-SLAPP statute when last checked.
Oklahoma ..... Okla.Stat. § 12-1430, et seq.
Oregon ..... O.R.S. § 31.150, et seq.
Pennsylvania ..... 27 Pa.C.S.A. § 7707.
Rhode Island ..... R.I.Gen.Laws § 9-33-1, et seq.
South Carolina ..... No Anti-SLAPP statute when last checked.
South Dakota ..... No Anti-SLAPP statute when last checked.
Tennessee ..... Tenn.Stat. § 4-21-1001, et seq.
Texas ..... Tex.Civ.Prac. & Rem.Code § 27.001, et seq.
Utah ..... Utah Code § 78B-6-1401, et seq.
Vermont ..... 12 V.S. § 1041.
Virginia ..... No Anti-SLAPP statute when last checked.
Washington ..... Wa.Stat. § 4.24.525.
West Virginia ..... No Anti-SLAPP statute when last checked.
Wisconsin ..... No Anti-SLAPP statute when last checked.
Wyoming ..... No Anti-SLAPP statute when last checked.
District of Columbia ..... D.C.St. § 16-5501, et seq.
Guam ..... 7 G.C.A. § 17101, et seq.
Puerto Rico ..... No Anti-SLAPP statute when last checked.
U.S. Virgin Islands ..... No Anti-SLAPP statute when last checked.
FEDERAL LEGISLATION: Speak Free Act of 2015 (not enacted, presumed dead).
UNIFORM PUBLIC EXPRESSION PROTECTION ACT
CONTENTS OF THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT
SECTION 1 ... SHORT TITLE
SECTION 2 ... SCOPE
SECTION 3 ... SPECIAL MOTION FOR EXPEDITED RELIEF
SECTION 4 ... STAY
SECTION 5 ... HEARING
SECTION 6 ... PROOF
SECTION 7 ... [DISMISSAL OF] [STRIKING] CAUSE OF ACTION IN WHOLE OR PART
SECTION 8 ... RULING
SECTION 9 ... APPEAL
SECTION 10 ... COSTS, ATTORNEY'S FEES, AND EXPENSES
SECTION 11 ... CONSTRUCTION
SECTION 12 ... UNIFORMITY OF APPLICATION AND CONSTRUCTION
SECTION 13 ... TRANSITIONAL PROVISION
[SECTION 14 ... SAVINGS CLAUSE]
[SECTION 15 ... SEVERABILITY]
[SECTION 16 ... REPEALS; CONFORMING AMENDMENTS]
SECTION 17 ... EFFECTIVE DATE
OTHER INFORMATIONAL WEBSITES
by Jay D. Adkisson
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Jay is a Managing Partner of Adkisson Pitet LLP.
© 2021 by Jay D. Adkisson. All Rights Reserved. No claim to original government works. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction. Questions about this website should be directed to jay [at] jayad.com or by phone to 702-953-9617 or by fax to 877-698-0678. This website is https://antislapplaws.com