Bill Text: IA HF2339 | 2019-2020 | 88th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to judicial motions and causes of action arising from a person's participation in matters of public significance. (Formerly HSB 537.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-06-09 - Committee report, recommending passage. S.J. 718. [HF2339 Detail]
Download: Iowa-2019-HF2339-Introduced.html
Bill Title: A bill for an act relating to judicial motions and causes of action arising from a person's participation in matters of public significance. (Formerly HSB 537.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-06-09 - Committee report, recommending passage. S.J. 718. [HF2339 Detail]
Download: Iowa-2019-HF2339-Introduced.html
House
File
2339
-
Introduced
HOUSE
FILE
2339
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
537)
A
BILL
FOR
An
Act
relating
to
judicial
motions
and
causes
of
action
1
arising
from
a
person’s
participation
in
matters
of
public
2
significance.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
619.20
Protection
of
public
1
participation
——
special
motion
to
strike.
2
1.
The
general
assembly
finds
and
declares
that
it
is
in
the
3
public
interest
to
encourage
continued
participation
in
matters
4
of
public
significance,
and
that
this
participation
should
not
5
be
chilled
through
abuse
of
the
judicial
process.
To
this
end,
6
this
section
shall
be
construed
broadly.
7
2.
As
used
in
this
section,
unless
the
context
otherwise
8
requires:
9
a.
“Act
in
furtherance
of
the
person’s
right
of
petition
or
10
free
speech
under
the
Constitution
of
the
United
States
or
the
11
Constitution
of
the
State
of
Iowa
in
connection
with
a
public
12
issue”
includes
all
of
the
following:
13
(1)
Any
written
or
oral
statement
or
writing
made
before
a
14
legislative,
executive,
or
judicial
proceeding,
or
any
other
15
official
proceeding
authorized
by
law.
16
(2)
Any
written
or
oral
statement
or
writing
made
in
17
connection
with
an
issue
under
consideration
or
review
by
a
18
legislative,
executive,
or
judicial
body,
or
any
other
official
19
proceeding
authorized
by
law.
20
(3)
Any
written
or
oral
statement
or
writing
made
in
a
place
21
open
to
the
public
or
a
public
forum
in
connection
with
an
22
issue
of
public
interest.
23
(4)
Any
other
conduct
in
furtherance
of
the
exercise
of
the
24
constitutional
right
of
petition
or
the
constitutional
right
25
of
free
speech
in
connection
with
a
public
issue
or
an
issue
of
26
public
interest.
27
b.
“Complaint”
includes
a
cross-complaint
and
a
petition.
28
c.
“Defendant”
includes
a
cross-defendant
and
a
respondent.
29
d.
“Plaintiff”
includes
a
cross-complainant
and
a
30
petitioner.
31
3.
a.
A
cause
of
action
against
a
person
arising
from
any
32
act
or
omission
of
that
person
in
furtherance
of
the
person’s
33
right
of
petition
or
free
speech
under
the
Constitution
of
34
the
United
States
or
the
Constitution
of
the
State
of
Iowa
in
35
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connection
with
a
public
issue
shall
be
subject
to
a
special
1
motion
to
strike,
unless
the
court
determines
the
plaintiff
has
2
established
there
is
a
probability
the
plaintiff
will
prevail
3
on
the
claim.
4
b.
In
making
its
determination,
the
court
shall
consider
the
5
pleadings
and
supporting
and
opposing
affidavits
stating
the
6
facts
upon
which
the
liability
or
defense
is
based.
7
c.
If
the
court
determines
the
plaintiff
has
established
8
a
probability
that
the
plaintiff
will
prevail
on
the
claim,
9
neither
that
determination
nor
the
fact
of
that
determination
10
shall
be
admissible
in
evidence
at
any
later
stage
of
the
11
case,
or
in
any
subsequent
action,
and
no
burden
of
proof
12
or
degree
of
proof
otherwise
applicable
shall
be
affected
by
13
that
determination
in
any
later
stage
of
the
case
or
in
any
14
subsequent
proceeding.
15
4.
a.
Except
as
provided
in
paragraph
“b”
,
in
any
action
16
subject
to
subsection
3,
a
prevailing
defendant
on
a
special
17
motion
to
strike
shall
be
entitled
to
recover
costs
and
18
reasonable
attorney
fees.
If
the
court
finds
that
a
special
19
motion
to
strike
is
frivolous
or
is
solely
intended
to
cause
20
unnecessary
delay,
the
court
shall
award
costs
and
reasonable
21
attorney
fees
incurred
in
opposing
the
motion
to
a
plaintiff
22
prevailing
on
the
motion.
23
b.
A
defendant
who
prevails
on
a
special
motion
to
strike
24
in
an
action
subject
to
paragraph
“a”
shall
not
be
entitled
25
to
costs
and
attorney
fees
if
that
cause
of
action
is
brought
26
pursuant
to
chapter
21,
22,
or
23.
27
5.
The
special
motion
may
be
filed
within
sixty
days
after
28
the
service
of
the
complaint
or,
in
the
court’s
discretion,
at
29
any
later
time
upon
terms
the
court
deems
proper.
The
motion
30
shall
be
scheduled
by
the
clerk
of
the
court
for
a
hearing
not
31
more
than
thirty
days
after
the
service
of
the
motion
unless
32
the
docket
conditions
of
the
court
require
a
later
hearing.
33
6.
All
discovery
proceedings
in
the
action
shall
be
stayed
34
upon
the
filing
of
a
notice
of
motion
made
pursuant
to
this
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section.
The
stay
of
discovery
shall
remain
in
effect
until
1
notice
of
entry
of
the
order
ruling
on
the
motion.
The
2
court,
on
noticed
motion
and
for
good
cause
shown,
may
order
3
that
specified
discovery
be
conducted
notwithstanding
this
4
subsection.
5
7.
An
order
granting
or
denying
a
special
motion
to
strike
6
shall
be
appealable
under
the
rules
of
appellate
procedure.
7
8.
a.
Any
party
who
files
a
special
motion
to
strike
8
pursuant
to
this
section,
and
any
party
who
files
an
opposition
9
to
a
special
motion
to
strike,
shall,
promptly
upon
so
10
filing,
transmit
to
the
judicial
branch,
by
electronic
mail
or
11
facsimile,
a
copy
of
the
endorsed,
filed
caption
page
of
the
12
motion
or
opposition,
a
copy
of
any
related
notice
of
appeal
or
13
petition
for
a
writ,
and
a
conformed
copy
of
any
order
issued
14
pursuant
to
this
section,
including
any
order
granting
or
15
denying
a
special
motion
to
strike,
discovery,
or
fees.
16
b.
The
judicial
branch
shall
maintain
a
public
record
of
17
information
transmitted
pursuant
to
this
subsection
for
at
18
least
three
years,
and
may
store
the
information
on
appropriate
19
electronic
media.
20
9.
This
section
shall
not
apply
to
any
enforcement
action
21
brought
by
the
attorney
general,
a
district
attorney,
a
22
county
attorney,
a
city
attorney,
or
any
attorney
charged
with
23
prosecuting
violations
of
state
or
local
laws.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
causes
of
action
arising
from
a
person’s
28
participation
in
matters
of
public
significance.
29
The
bill
defines
an
“act
in
furtherance
of
the
person’s
right
30
of
petition
or
free
speech
under
the
Constitution
of
the
United
31
States
or
the
Constitution
of
the
State
of
Iowa
in
connection
32
with
a
public
issue”
to
include
all
of
the
following:
any
33
written
or
oral
statement
or
writing
made
before
a
legislative,
34
executive,
or
judicial
proceeding,
or
any
other
official
35
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2339
proceeding
authorized
by
law;
any
written
or
oral
statement
or
1
writing
made
in
connection
with
an
issue
under
consideration
or
2
review
by
a
legislative,
executive,
or
judicial
body,
or
any
3
other
official
proceeding
authorized
by
law;
any
written
or
4
oral
statement
or
writing
made
in
a
place
open
to
the
public
or
5
a
public
forum
in
connection
with
an
issue
of
public
interest;
6
and
any
other
conduct
in
furtherance
of
the
exercise
of
the
7
constitutional
right
of
petition
or
the
constitutional
right
8
of
free
speech
in
connection
with
a
public
issue
or
an
issue
of
9
public
interest.
10
The
bill
provides
that
causes
of
action
against
a
person
11
arising
from
any
act
or
omission
of
that
person
in
furtherance
12
of
the
person’s
right
of
petition
or
free
speech
in
connection
13
with
a
public
issue
shall
be
subject
to
a
special
motion
to
14
strike.
However,
such
causes
of
action
shall
not
be
subject
15
to
a
special
motion
to
strike
if
the
court
determines
the
16
plaintiff
has
established
there
is
a
probability
the
plaintiff
17
will
prevail
on
the
claim.
In
making
this
determination,
the
18
the
court
is
to
consider
the
pleadings
and
supporting
and
19
opposing
affidavits.
20
The
bill
provides
that
if
the
court
determines
the
plaintiff
21
has
established
a
probability
that
the
plaintiff
will
prevail
22
on
the
claim,
neither
that
determination
nor
the
fact
of
that
23
determination
shall
be
admissible
in
evidence
at
any
later
24
stage
of
the
case,
or
in
any
subsequent
action.
Further,
such
25
findings
are
not
to
affect
the
burden
of
proof
or
degree
of
26
proof
otherwise
applicable
in
any
later
stage
of
the
case
or
27
in
any
subsequent
proceeding.
28
The
bill
provides
that
a
defendant
who
prevails
on
a
special
29
motion
to
strike
is
entitled
to
recover
costs
and
reasonable
30
attorney
fees,
unless
the
cause
of
action
was
brought
pursuant
31
to
Code
chapter
21
(open
meetings),
22
(open
records),
or
23
32
(public
information
board).
33
If
the
court
finds
that
a
special
motion
to
strike
is
34
frivolous
or
is
solely
intended
to
cause
unnecessary
delay,
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the
court
must
award
costs
and
reasonable
attorney
fees
to
the
1
plaintiff
prevailing
on
the
motion
for
costs
incurred
to
oppose
2
the
motion.
3
The
bill
also
describes
when
the
special
motion
is
to
be
4
filed
and
when
the
hearing
is
to
be
held.
Specifically,
the
5
special
motion
may
be
filed
within
60
days
after
the
service
6
of
the
complaint
or,
in
the
court’s
discretion,
at
any
later
7
time.
The
motion
is
to
be
scheduled
by
the
clerk
of
the
court
8
for
a
hearing
not
more
than
30
days
after
the
service
of
the
9
motion
unless
the
docket
conditions
of
the
court
require
a
10
later
hearing.
11
All
discovery
proceedings
in
the
action
are
to
be
stayed
upon
12
the
filing
of
a
notice
of
motion.
The
stay
of
discovery
is
13
to
remain
in
effect
until
notice
of
entry
of
the
order
ruling
14
on
the
motion.
However,
the
court
may
order
that
specified
15
discovery
be
conducted.
16
An
order
granting
or
denying
a
special
motion
to
strike
is
17
appealable
under
the
rules
of
appellate
procedure.
18
Information
related
to
these
special
motions
to
strike
is
to
19
be
maintained
by
the
judicial
branch.
Any
party
who
files
a
20
special
motion
to
strike
and
any
party
who
files
an
opposition
21
to
a
special
motion
to
strike
is
required
to
transmit
to
the
22
judicial
branch
information
related
to
the
special
motion
or
23
opposition.
The
judicial
branch
is
to
maintain
a
public
record
24
of
such
information
for
at
least
three
years.
25
Finally,
the
provisions
of
the
bill
do
not
apply
to
any
26
enforcement
action
brought
by
the
attorney
general,
a
district
27
attorney,
a
county
attorney,
a
city
attorney,
or
any
attorney
28
charged
with
prosecuting
violations
of
state
or
local
laws.
29
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