Indiana Code
As amended through 1998 session
Title 34, Article 7, Chapter 7
Chapter 7. Defense in Civil Actions Against Persons Who Act in Furtherance of the Person's Right of Petition or Free Speech Under the Constitution of the United States or the Constitution of the State of Indiana in Connection with a Public Issue
IC 34-7-7-1
Sec. 1. (a) This chapter applies to an act in furtherance of a person's
right of petition or free speech under the Constitution of the United
States or the Constitution of the State of Indiana in connection with a
public issue or an issue of public interest that arises after June 30,
1998. This chapter does not apply to an action that was filed and is
pending before July 1, 1998.
(b)This chapter does not apply to an enforcement action brought in
the name of the state of Indiana by the attorney general, a prosecuting
attorney, or another attorney acting as a public prosecutor.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-2
Sec. 2. As used in this chapter, "act in furtherance of a person's
right of petition or free speech under the Constitution of the United
States or the Constitution of the State of Indiana in connection with a
public issue" includes any conduct in furtherance of the exercise of the
constitutional right of:
(1) petition; or
(2) free speech;
in connection with a public issue or an issue of public interest.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-3
Sec. 3. As used in this chapter, "claim" means:
(1) a lawsuit;
(2) a cause of action;
(3) a petition;
(4) a complaint;
(5) a cross claim;
(6) a counterclaim; or
(7) any other judicial pleading or filing;
that requests legal or equitable relief.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-4
Sec. 4. As used in this chapter, "person" means any of the following:
(1) An individual.
(2) Any other legal entity.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-5
Sec. 5. It is a defense in a civil action against a person that the act
or omission complained of is:
(1) an act or omission of that person in furtherance of the person's
right of petition or free speech under the Constitution of the
United States or the Constitution of the State of Indiana in
connection with a public issue; and
(2) an act or omission taken in good faith and with a reasonable
basis in law and fact.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-6
Sec. 6. All discovery proceedings in the action are stayed upon the
filing of a motion to dismiss made under this chapter, except for
discovery relevant to the motion.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-7
Sec. 7. A prevailing defendant on a motion to dismiss made under
this chapter is entitled to recover reasonable attorney's fees and costs.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-8
Sec. 8. If a court finds that a motion to dismiss made under this
chapter is:
(1) frivolous; or
(2) solely intended to cause unnecessary delay;
the plaintiff is entitled to recover reasonable attorney's fees and costs
to answer the motion.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-9
Sec. 9. (a) If a person files a motion to dismiss under this chapter,
the court in which the motion is filed shall do the following:
(1) Treat the motion as a motion for summary judgment.
(2) Establish a reasonable time period, not to exceed one hundred
eighty (180) days, to expedite and rule on the motion.
(3) Specify time limits for the discovery of evidence to respond to
material issues raised in the motion.
(b) The person who files a motion to dismiss must state with
specificity the public issue or issue of public interest that prompted the
act in furtherance of the person's right of petition or free speech under
the Constitution of the United States or the Constitution of the State of
Indiana.
(c) The court shall make its determination based on the facts
contained in the pleadings and affidavits filed and discovered under the
expedited proceeding.
(d) The motion to dismiss shall be granted if the court finds that the
person filing the motion has proven, by a preponderance of the
evidence, that the act upon which the claim is based is a lawful act in
furtherance of the person's right of petition or free speech under the
Constitution of the United States or the Constitution of the State of
Indiana.
(e) The court must act on the motion to dismiss within thirty (30)
days from the submission of evidence made by motion to the court that
is discovered within the specific expedited time period allowed.
(f) If a court does not act within the thirty (30) days provided in
subsection (e), the person filing the motion may appeal the matter
based on the court's failure to rule on the motion.
As added by P.L.114-1998, SEC.7.
IC 34-7-7-10
Sec. 10. The remedy provided by this chapter is in addition to other
remedies provided by law.
As added by P.L.114-1998, SEC.7.
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