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WI AB431
Bill
Status
9/15/2025
Primary Sponsor
Christian Phelps
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AI Summary
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Creates a special motion to strike for defendants sued over acts of petition or free speech under the U.S. or Wisconsin Constitution in connection with a public issue, resulting in dismissal unless the plaintiff establishes a probability of prevailing on the claim
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Requires the special motion to be filed within 60 days of service of the complaint, with hearings scheduled within 30 days; all discovery proceedings are automatically stayed until the court rules on the motion
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Entitles prevailing defendants to recover attorney fees and costs; plaintiffs may recover fees and costs if the court finds the motion was frivolous or solely intended to cause unnecessary delay
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Excludes enforcement actions brought by the attorney general, district attorneys, or city attorneys acting as public prosecutors from the special motion process
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Requires parties filing or opposing these motions to transmit copies to the director of state courts, who must maintain public records of the filings for at least 3 years
Legislative Description
Special motions to strike strategic lawsuits against public participation. (FE)
Last Action
Representative Roe added as a coauthor
3/12/2026