Anti-Strategic Lawsuit Against Public Participation
Missouri Anti-SLAPP Acts & Laws
Last updated 2017-06-24
Mo.Stat. § 537.528. Actions for conduct or speech at public hearings and meetings to be considered on expedited basis--procedural issues
1. Any action against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting, in a quasi-judicial proceeding before a tribunal or decision-making body of the state or any political subdivision of the state is subject to a special motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment that shall be considered by the court on a priority or expedited basis to ensure the early consideration of the issues raised by the motion and to prevent the unnecessary expense of litigation. Upon the filing of any special motion described in this subsection, all discovery shall be suspended pending a decision on the motion by the court and the exhaustion of all appeals regarding the special motion.
2. If the rights afforded by this section are raised as an affirmative defense and if a court grants a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment filed within ninety days of the filing of the moving party’s answer, the court shall award reasonable attorney fees and costs incurred by the moving party in defending the action. If the court finds that a special motion to dismiss or motion for summary judgment is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the party prevailing on the motion.
3. Any party shall have the right to an expedited appeal from a trial court order on the special motions described in subsection 2 of this section or from a trial court’s failure to rule on the motion on an expedited basis.
4. As used in this section, a “public meeting in a quasi-judicial proceeding” means and includes any meeting established and held by a state or local governmental entity, including without limitations meetings or presentations before state, county, city, town or village councils, planning commissions, review boards or commissions.
5. Nothing in this section limits or prohibits the exercise of a right or remedy of a party granted pursuant to another constitutional, statutory, common law or administrative provision, including civil actions for defamation.
6. If any provision of this section or the application of any provision of this section to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
7. The provisions of this section shall apply to all causes of actions.
C O M M O N P A G E F O O T E R
UNIFORM LAWS PROJECT
Drafting Committee for Uniform Anti-SLAPP Act (or whatever it ends up being called), began project 2017 and hopes to submit final Uniform Act by 2020 -- see http://uniformlaws.org/Committee.aspx?title=Anti-Slapp and note that any interested person can register as an Observer and attend and participate in meetings. The author of this website, Jay D. Adkisson, is the American Bar Association's Business Law Section Adviser to this Committee, and the originator of this Uniform Law Commission project.
ARTICLES ON ANTI-SLAPP
2017.01.13 ... Minnesota Court Of Appeals Boots Clear And Convincing Anti-SLAPP Burden Of Proof
2015.8.29 ... A Call For A Uniform Anti-SLAPP Act
STATES/TERRITORIES WITH ANTI-SLAPP LAWS: Arizona · Arkansas · California · Delaware · Florida · Georgia · Hawaii · Illinois · Indiana · Kansas · Louisiana · Maine · Maryland · Massachusetts · Minnesota · Missouri · Nebraska · Nevada · New Mexico · New York · Oregon · Oklahoma · Pennsylvania · Rhode Island · Tennessee · Texas · Utah · Vermont · Washington · District of Columbia
STATES/TERRITORIES NOT HAVING ANTI-SLAPP LAWS: Alabama, Alaska, Colorado, Connecticut, Idaho, Iowa, Kentucky, Michigan, Mississippi, Montana, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, Virginia, West Virginia, Wisconsin, Wyoming, Puerto Rico, U.S. Virgin Islands
OTHER INFORMATIONAL WEBSITES BY JAY ADKISSON
© 2018 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