Anti-Strategic Lawsuit Against Public Participation
New Mexico Anti-SLAPP Acts & Laws
Last updated 2017-06-26
N.MEX.STAT. § 38-2-9.1. Special motion to dismiss unwarranted or specious lawsuits; procedures; sanctions; severability
A. Any action seeking money damages 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 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.
B. 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.
C. Any party shall have the right to an expedited appeal from a trial court order on the special motions described in Subsection B of this section or from a trial court's failure to rule on the motion on an expedited basis.
D. 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, city, town or village councils, planning commissions, review boards or commissions.
E. 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 or malicious abuse of process.
F. 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.
N.MEX.STAT. § 38-2-9.2. Findings and purpose
The legislature declares that it is the public policy of New Mexico to protect the rights of its citizens to participate in quasi-judicial proceedings before local and state governmental tribunals. Baseless civil lawsuits seeking or claiming millions of dollars have been filed against persons for exercising their right to petition and to participate in quasi- judicial proceedings before governmental tribunals. Such lawsuits can be an abuse of the legal process and can impose an undue financial burden on those having to respond to and defend such lawsuits and may chill and punish participation in public affairs and the institutions of democratic government. These lawsuits should be subject to prompt dismissal or judgment to prevent the abuse of the legal process and avoid the burden imposed by such baseless lawsuits.
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
UNITED STATES ANTI-SLAPP LAWS
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).
OTHER INFORMATIONAL WEBSITES BY JAY ADKISSON
© 2019 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. Other. 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