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NC H144
Bill
Status
2/16/2023
Primary Sponsor
Robert Davis
Click for details
AI Summary
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Enacts the Uniform Public Expression Protection Act as Article 54 of Chapter 1 of the General Statutes, creating a mechanism to dismiss certain lawsuits based on protected speech and expression.
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Allows defendants to file a special motion to dismiss within 60 days of service of a complaint on causes of action involving governmental proceedings, public comments on government issues, or constitutional exercises of free speech, assembly, petition, or association rights.
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Requires courts to stay all other proceedings upon filing of the special motion and to rule on the motion within 60 days of hearing, with the defendant entitled to appeal as a matter of right if the motion is denied.
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Provides that courts must dismiss the cause of action if the defendant establishes the law applies and the plaintiff fails to establish a prima facie case or cannot state a valid legal claim.
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Awards court costs, reasonable attorney's fees, and litigation expenses to the prevailing party, with the law becoming effective October 1, 2023 and applying to civil actions filed on or after that date.
Legislative Description
GSC Uniform Public Expression Protection Act
Civil Procedure; Constitution
Last Action
Re-ref Com On Rules, Calendar, and Operations of the House
3/8/2023