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MI HB5788

Bill

Status

Engrossed

12/10/2024

Primary Sponsor

Kara Hope

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Enacts the Uniform Public Expression Protection Act to protect citizens from "SLAPP suits" (strategic lawsuits against public participation) that chill free speech and constitutional rights.

  • Allows defendants to file a special motion to dismiss within 60 days of being served with a complaint asserting an "eligible cause of action" related to protected speech, government proceedings, or constitutional rights.

  • Automatically stays all discovery and other proceedings once the motion is filed, with expedited court hearing required within 60 days and ruling required within 60 days of the hearing.

  • Court must dismiss the action with prejudice if the defendant establishes the cause of action is eligible and the plaintiff fails to prove it is not eligible or fails to establish a prima facie case for all essential elements.

  • Awards court costs, reasonable attorney fees, and litigation expenses to the prevailing party on the motion; applies to civil actions filed on or after the act's effective date.

Legislative Description

Civil procedure: civil actions; lawsuits for exercising rights to free expression; provide protections against. Creates new act.

Civil procedure: civil actions

Last Action

Placed On Order Of Third Reading

12/20/2024

Committee Referrals

Government Operations12/18/2024
Criminal Justice6/6/2024

Full Bill Text

No bill text available