MI HB5036

Requires courts to dismiss civil actions on defendant's motion if based on defendant's exercise of the right to petition or free speech under U.S. or Michigan constitutions, unless plaintiff presents prima facie evidence the action was not initiated to harass or intimidate.

Exception to dismissal applies if defendant made false communications with knowledge of falsity or reckless disregard for truth, or communicated information prohibited by law.

Court must stay all discovery proceedings upon filing of dismissal motion until order is entered, though court may allow specified discovery for good cause.

Requires court to award dismissed defendant three times actual damages, court costs, reasonable attorney fees, and expenses, with minimum award of $5,000.00 if other amounts total less.

Defines "communication" broadly to include oral, written, and electronic statements; "exercise of right to petition" includes communications with government bodies and efforts to encourage public participation in governmental proceedings; "issue of public interest" excludes communications directed primarily at protecting speaker's private business interests.