This bill modifies the Uniform Public Expression Protection Act.
This bill:
- modifies the scope of the Uniform Public Expression Protection Act (act) to apply only to causes of action for defamation or slander in relation to a claim involving exercise of a constitutional right;
- permits a party to issue a subpoena for testimony at a hearing conducted pursuant to the act, with some limitations;
- requires that a cause of action be dismissed without prejudice instead of with prejudice in some circumstances;
- removes the ability to seek costs, attorney fees, and expenses in some circumstances;
- modifies provisions addressing attorney fees and the precedential effects of a voluntary dismissal of a cause of action;
- provides that trial proceedings on discovery and certain causes of action are not stayed while an appeal is pending;
- modifies standards required to obtain a reward of costs, attorney fees, and expenses in some circumstances; and
- modifies language related to broadly construing the purpose of the act.
Statutes affected: Introduced: 78B-25-102, 78B-25-105, 78B-25-106, 78B-25-107, 78B-25-109, 78B-25-110, 78B-25-111