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NC H1017

Bill

Status

Introduced

5/23/2022

Primary Sponsor

Robert Davis

Click for details

Origin

House of Representatives

2021-2022 Session

AI Summary

  • Enacts the Uniform Public Expression Protection Act as a new Article 54 in Chapter 1 of North Carolina General Statutes, allowing defendants to file special motions to dismiss cases based on protected speech, petitioning, or assembly within 60 days of service.

  • Applies to civil actions involving communications in governmental proceedings, communications on matters under government review, or exercise of First Amendment rights on public concerns, excluding cases against governmental units and certain business-related communications.

  • Establishes an automatic stay of all proceedings between parties upon filing a motion for expedited relief, with court hearing required within 60 days and ruling within 60 days after hearing, unless discovery is needed to establish whether the plaintiff can prove their case.

  • Requires courts to dismiss the cause of action with prejudice if the defendant establishes the Article applies and the plaintiff fails to establish a prima facie case or meets other summary judgment standards.

  • Awards court costs, reasonable attorney's fees, and reasonable litigation expenses to the prevailing party, with fees to the responding party only if the motion is found frivolous or filed solely to delay proceedings; becomes effective October 1, 2022.

Legislative Description

GSC Uniform Public Expression Protection Act

Public

Last Action

Re-ref Com On Rules, Calendar, and Operations of the House

5/31/2022

Committee Referrals

Rules, Calendar, and Operations of the House5/31/2022
Judiciary I5/24/2022

Full Bill Text

No bill text available