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2020 SESSION

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HB 759 Strategic lawsuits against public participation; special motion to dismiss, stay of discovery.

Introduced by: Schuyler T. VanValkenburg | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Strategic lawsuits against public participation; special motion to dismiss; stay of discovery; fees and costs. Establishes a procedure by which a party alleging that a claim filed against him is a strategic lawsuit against public participation (SLAPP), as defined in the bill, may file a special motion to dismiss. The bill provides that the filing of such a special motion to dismiss shall stay discovery proceedings related to the claim, pending the entry of an order adjudicating the special motion to dismiss. The bill provides that a court shall award reasonable expenses related to a special motion to dismiss, including attorney fees and costs, if the moving party prevails, in whole or in part, on such a special motion. The bill allows the court to award such reasonable expenses to a prevailing responding party to a special motion to dismiss if the court finds that such a motion was filed in bad faith or solely with the intent to delay the underlying proceedings.

SUMMARY AS INTRODUCED:

Strategic lawsuits against public participation; special motion to dismiss; stay of discovery; special motion to quash; fees and costs. Establishes a procedure by which a party alleging that a claim filed against him is a strategic lawsuit against public participation (SLAPP), as defined in the bill, may file a special motion to dismiss within 45 days after service of such a claim. The bill provides that the filing of such a special motion to dismiss shall stay discovery proceedings related to the claim, pending the entry of an order adjudicating the special motion to dismiss, unless the court allows limited and specific discovery for good cause shown. The bill further establishes a special motion to quash procedure for persons whose personal identifying information is sought pursuant to a discovery order, request, or subpoena in connection with an alleged SLAPP. The bill provides that a party aggrieved by an entry of an order granting or denying a special motion to dismiss or special motion to quash shall be permitted to submit a petition for an appeal to the Supreme Court of Virginia. The bill provides that a court shall award reasonable expenses related to a special motion to dismiss or quash, including attorney fees and costs, if the moving party prevails, in whole or in part, on such a special motion. The bill allows the court to award such reasonable expenses to a prevailing responding party to a special motion to dismiss or quash if the court finds that such a motion was filed in bad faith or solely with the intent to delay the underlying proceedings.