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 freedom of speech, assembly, and association. It outlines definitions relevant to the act, specifies the scope of applicable causes of action, and delineates exceptions where the act does not apply, such as actions against governmental units or those related to real property disputes. The bill also provides for expedited relief through a special motion to dismiss, which must be filed within 60 days of being served with a complaint, and establishes procedures for stays, hearings, and rulings.
Additionally, the bill mandates that courts must rule on motions for expedited relief within a specified timeframe and allows for immediate appeals as a matter of right. It also addresses the awarding of costs, attorney fees, and expenses related to these motions, ensuring that the prevailing party is compensated. Overall, the legislation aims to protect individuals from retaliatory legal actions that may arise from their exercise of free speech and other constitutional rights, while also streamlining the legal process for such 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