H.B. 2366 - Oklahoma Citizens Participation Act

• Creates the Oklahoma Citizens Participation Act to protect constitutional rights of petition, free speech, and association while safeguarding meritorious lawsuits.

• Allows defendants to file a motion to dismiss legal actions based on, relating to, or in response to exercise of free speech, petition, or association rights within 60 days of service (extendable for good cause).

• Suspends discovery upon filing of the dismissal motion; court must hold hearing within 60-90 days and rule within 30 days after hearing.

• Court shall dismiss the action if defendant shows by preponderance of evidence that the action arose from protected speech/petition/association, unless plaintiff establishes a prima facie case for all essential elements or defendant proves a valid defense.

• Awards dismissed defendants court costs, attorney fees, and sanctions; requires expedited appellate review; excludes enforcement actions by state/local prosecutors, commercial speech cases, bodily injury claims, and insurance disputes; effective November 1, 2014.