Vermont Anti-SLAPP Acts & Laws
Last updated 2017-06-28
12 V.S.A. § 1041. Exercise of rights to free speech and to petition government for redress of grievances; special motion to strike
(a) A defendant in an action arising from the defendant's exercise, in connection with a public issue, of the right to freedom of speech or to petition the government for redress of grievances under the U.S. or Vermont Constitution may file a special motion to strike under this section.
(b) A special motion to strike under this section shall be filed with the court and served on all parties not more than 60 days after the filing of the complaint. A party may file a response to the motion not more than 15 days after the motion is served on the party. The court may extend the time limits of this subsection for good cause shown.
(c)
(1) The filing of a special motion to strike under this section shall stay all discovery proceedings in the action. Except as provided in subdivision (2) of this subsection, the stay of discovery shall remain in effect until the court rules on the special motion to strike.
(2) The court, on motion and for good cause shown, may order that limited discovery be conducted for the purpose of assisting its decision on the special motion to strike.
(d) The court shall hold a hearing on a special motion to strike not more than 30 days after service of the motion unless good cause exists for an extension.
(e)
(1) The court shall grant the special motion to strike, unless the plaintiff shows that:
(A) the defendant's exercise of his or her right to freedom of speech and to petition was devoid of any reasonable factual support and any arguable basis in law; and
(B) the defendant's acts caused actual injury to the plaintiff.
(2) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(f)
(1) If the court grants the special motion to strike, the court shall award costs and reasonable attorney's fees to the defendant. If the court denies the special motion to strike and finds the motion is frivolous or is intended solely to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to the plaintiff.
(2) Neither the court's ruling on the special motion to strike nor the fact that it made such a ruling shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by the ruling.
(g) An order granting or denying a special motion to strike shall be appealable in the same manner as an interlocutory order under Rule 5 of the Vermont Rules of Appellate Procedure.
(h) This section shall not apply to any enforcement action or criminal proceeding brought by the State of Vermont or any political subdivision thereof.
(i) As used in this section, "the exercise, in connection with a public issue, of the right to freedom of speech or to petition the government for redress of grievances under the U.S. or Vermont Constitution" includes:
(1) any written or oral statement made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;
(2) any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law;
(3) any written or oral statement concerning an issue of public interest made in a public forum or a place open to the public; or
(4) any other statement or conduct concerning a public issue or an issue of public interest which furthers the exercise of the constitutional right of freedom of speech or the constitutional right to petition the government for redress of grievances.
UNIFORM LAWS PROJECT
Drafting Committee for a Uniform Anti-SLAPP Act (mostly lately called the "Uniform Public Expression Protection Act"), began its project in 2017 and hopes to submit final Uniform Act by 2020. 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. Click here for more.
ARTICLES ON ANTI-SLAPP
ARTICLES CURRENT
2020.08.29 ... Federal Anti-SLAPP Legislation Re-Introduced In Congress But Needs Updating
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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).
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
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by Jay D. Adkisson
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© 2020 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