41.635 Definitions.

As used in NRS 41.635 to 41.670, inclusive, unless the context otherwise requires, the words and terms defined in NRS 41.637 and 41.640 have the meanings ascribed to them in those sections.

41.637 “Good faith communication in furtherance of the right to petition” defined.

“Good faith communication in furtherance of the right to petition” means any:

1. Communication that is aimed at procuring any governmental or electoral action, result or outcome;

2. Communication of information or a complaint to a Legislator, officer or employee of the Federal Government, this state or a political subdivision of this state, regarding a matter reasonably of concern to the respective governmental entity; or

3. Written or oral statement made in direct connection with an issue under consideration by a legislative, executive or judicial body, or any other official proceeding authorized by law, which is truthful or is made without knowledge of its falsehood.

41.640 “Political subdivision” defined.

“Political subdivision” has the meaning ascribed to it in NRS 41.0305.

41.650 Limitation of liability.

A person who engages in a good faith communication in furtherance of the right to petition is immune from civil liability for claims based upon the communication.

41.660 Attorney General or chief legal officer of political subdivision may defend or provide support to person sued for engaging in right to petition; special counsel; filing special motion to dismiss; stay of discovery; adjudication upon merits.

1. If an action is brought against a person based upon a good faith communication in furtherance of the right to petition:

(a) The person against whom the action is brought may file a special motion to dismiss; and

(b) TheAttorney General or the chief legal officer or attorney of apolitical subdivision ofthis state may defend or otherwise supportthe person against whom the action is brought. If the Attorney General or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the Attorney General or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.

3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:

(a) Treat the motion as a motion for summary judgment;

(b) Stay discovery pending:

(1) A ruling by the court on the motion; and

(2) The disposition of any appeal from the ruling on the motion; and

(c) Rule on the motion within 30 days after the motion is filed.

41.670 Award of reasonable costs and attorney’s fees upon grant of special motion to dismiss; person sued for engaging in right to petition may bring separate action for damages. If the court grants a special motion to dismiss filed pursuant to NRS 41.660:

1. The court shall awardreasonable costs and attorney’s fees to the person against whom the action was brought, except that the court shall awardreasonable costs and attorney’s fees to this state or to the appropriate political subdivision of this state if the Attorney General, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660.

2. The person against whom the action is brought may bring a separate action to recover:

(a) Compensatory damages;

(b) Punitive damages; and

(c) Attorney’s fees and costs of bringing the separate action.