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DE SB312

Bill

Status

Introduced

5/21/2024

Primary Sponsor

Kyle Gay

Click for details

Origin

Senate

152nd General Assembly

AI Summary

  • Adopts the Uniform Public Expression Protection Act as Chapter 60 of Title 10 to protect First Amendment rights against strategic lawsuits against public participation (SLAPPs)

  • Allows defendants to file a special motion for expedited relief to dismiss causes of action arising from communications in government proceedings or on matters of public concern within 60 days of service

  • Court must hear the motion within 60 days and rule within 60 days after hearing, with all other proceedings automatically stayed during this period

  • Court shall dismiss the cause of action if defendant establishes chapter applies and plaintiff fails to prove prima facie case or fails to establish defendant's communication was made with knowledge of falsity or reckless disregard

  • Requires court to award costs, reasonable attorney's fees, and litigation expenses to the prevailing party on the motion; replaces prior Delaware anti-SLAPP law (§§ 8136-8138) for cases filed after effective date

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To The Uniform Public Expression Protection Act.

Last Action

Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 1 On Its Merits

6/11/2024

Committee Referrals

Judiciary5/21/2024

Full Bill Text

No bill text available