Bills

Senate Bill 661, modeled on the California anti-SLAPP statute, was introduced in 1994. It proposed allowing dismissal of an action arising from exercise of the right of petition or free speech unless the "court determines that the plaintiff has established there is a probability that the plaintiff will prevail on the claim." The bill would amend RSA chapter 507 (1983 & Supp. 1993) by inserting after section 15 a new section, 507:15-a, titled "Strategic Lawsuits Against Public Participation." The state senate requested the state supreme court's opinion whether the bill was consistent with the state constitution, and the court responded that it was not (see below).

Cases

Opinion of the Justices (SLAPP Suit Procedure)
1994 (641 A.2d 1012, 138 N.H. 445)

The state senate requested the state supreme court's opinion whether a proposed anti-SLAPP statute was consistent with the state constitution. The court concluded that, because a plaintiff otherwise entitled to a jury trial has a right to have all factual issues resolved by the jury (a factor considered in deciding motions to dismiss and motions for summary judgment), the procedure in the proposed bill violated part I, article 20 of the New Hampshire Constitution.