The proposed bill introduces the "Uniform Public Expression Protection Act" to the Code of West Virginia, establishing a framework for legal actions related to the exercise of constitutional rights, particularly focusing on free speech, assembly, and association. It outlines definitions pertinent to the act, including what constitutes a "cause of action" and "matter of public concern." The bill specifies the scope of the act, detailing the types of communications and actions it covers, while also listing exceptions where the act does not apply, such as actions against governmental units or those related to specific legal claims.
Additionally, the bill provides mechanisms for expedited relief, allowing parties to file motions to dismiss claims within a specified timeframe. It establishes procedures for stays of proceedings, hearings, and rulings, ensuring that motions are addressed promptly, typically within 60 days. The legislation also allows for immediate appeals and mandates the awarding of costs and attorney fees to the prevailing party in such motions. Overall, the bill aims to protect individuals from retaliatory legal actions that may arise from their exercise of free expression and to streamline the judicial process in these cases.
Statutes affected: Introduced Version: 6-15-1, 6-15-2, 6-15-3, 6-15-4, 6-15-5, 6-15-6, 6-15-7, 6-15-8, 6-15-9, 6-15-10, 6-15-11