Revision: Nov. 13, 2017, 12:50 p.m.
HB 1656 - AS INTRODUCED
2018 SESSION
18-2658
06/04
HOUSE BILL 1656
AN ACT relative to the assertion of civil claims, cross claims, or counter claims in civil cases.
SPONSORS: Rep. Murphy, Hills. 7
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a special motion to dismiss where a party to a civil action asserts that the claims, counterclaims, or cross claims against such party are based on the party's exercise of its right of petition.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2658
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the assertion of civil claims, cross claims, or counter claims in civil cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Civil Actions; Strategic Litigation Against Public Participation; Special Motion. Amend RSA 507 by inserting after section 17 the following new subdivision:
Strategic Litigation Against Public Participation
507:18 Definition; Exercise of Right of Petition. As used in this subdivision, "a party's exercise of its right of petition" shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; 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 governmental proceeding; any statement reasonably likely to encourage consideration or review of an issue by a legislative, executive, or judicial body, or any other governmental proceeding; any statement reasonably likely to enlist public participation in an effort to effect such consideration; or any other statement falling within constitutional protection of the right to petition government.
507:19 Special Motion to Dismiss.
I. In any case in which a party asserts that the civil claims, counterclaims, or cross claims against such party are based on such party's exercise of its right of petition under the constitution of the United States or of this state, the party may bring a special motion to dismiss. The court shall hear and determine the special motion as expeditiously as possible. The court shall grant such special motion, unless the party against whom such special motion is made shows that:
(a) The moving party's exercise of its right to petition was devoid of any reasonable factual support or any arguable basis in law; and
(b) The moving party's acts caused actual injury to the responding party. 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.
II. The attorney general, on his or her behalf or on behalf of any government agency or subdivision to which the moving party's acts were directed, may intervene to defend or otherwise support the moving party on such special motion. All discovery proceedings shall be stayed upon the filing of the special motion under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion. The special motion to dismiss may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.
III. If the court grants the special motion to dismiss, the court shall award the moving party costs and reasonable attorney's fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law.
2 Effective Date. This act shall take effect January 1, 2019.