HB 19-1324 Summary

• Establishes a special motion to dismiss for civil actions arising from acts in furtherance of constitutional rights to petition or free speech on public issues, allowing courts to dismiss claims unless plaintiffs demonstrate a reasonable likelihood of prevailing.

• Requires special motions to dismiss be filed within 63 days of service and scheduled for hearing within 28 days, with all discovery proceedings automatically stayed upon filing notice of the motion.

• Awards attorney fees and costs to defendants prevailing on special motions to dismiss, except for claims brought under Colorado's public records law or certain public interest enforcement actions.

• Exempts from the motion to dismiss provisions actions brought by state entities enforcing laws, public interest lawsuits meeting specific conditions, and claims against businesses regarding commercial speech.

• Makes orders granting or denying special motions to dismiss immediately appealable to the Colorado Court of Appeals, except when courts deny motions on exemption grounds; effective July 1, 2019.