45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CIVIL ACTIONS; ESTABLISHING IMMUNITY FROM LIABILITY FOR CONDUCT IN FURTHERANCE OF A PERSON'S RIGHTS TO PETITION THE GOVERNMENT AND FREE SPEECH IN CONNECTION WITH A PUBLIC ISSUE; ESTABLISHING PROCEDURES; PROVIDING FOR DAMAGES; ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. FINDINGS AND PURPOSE.--The legislature finds that civil lawsuits often claiming millions of dollars have been filed against persons for exercising their right to free speech and to petition the government and to seek relief from, influence action by, inform or otherwise participate in the processes of government; these lawsuits are an abuse of the legal process because they chill and punish participation in public affairs and the institutions of democratic government. The legislature declares that it is in the public interest to encourage continued public participation in matters of public significance and to restore balance between the right of access to courts and the rights of citizens to petition, speak out, associate and otherwise participate in the political process without fear of litigation.

Section 2. IMMUNITY--SPECIAL MOTION TO DISMISS UNWARRANTED OR SPECIOUS LAWSUITS--PROCEDURES--DAMAGES--SEVERABILITY.--

A. In an action claiming economic damages arising from conduct or speech that has as its primary purpose informing, communicating with, influencing or otherwise participating in the process of government, a defendant in that action is immune from liability for that conduct, except upon clear and convincing evidence that there was no objectively reasonable basis for the conduct or activity and the conduct or activity was undertaken in bad faith.

B. An action described in Subsection A of this section is subject to a special motion to dismiss that shall be considered by the trial court on an expedited basis. The responding party to the special motion to dismiss shall have the burden of going forward with the evidence and of persuasion on the motion. Discovery shall be suspended pending decision on the motion and any appeal from a decision on the motion. The court shall grant the special motion to dismiss and dismiss the claim unless the responding party produces clear and convincing evidence that the alleged acts of the moving party are not immunized from liability pursuant to Subsection A of this section.

C. A governmental entity to which the party that is moving to dismiss has directed its actions, or the attorney general, may intervene to defend or otherwise support the moving party.

D. The court shall award litigation costs to the prevailing party on the special motion to dismiss, including reasonable attorney fees and expert witness' fees, incurred in connection with the motion.

E. If the court grants the special motion to dismiss and the moving party demonstrates that the respondent to the motion to dismiss brought the action described in Subsection A of this section for the purpose of harassment, to inhibit the moving party's public participation, to interfere with the moving party's exercise of protected constitutional rights or otherwise injure the moving party, the court shall award actual damages to the moving party and shall impose such additional sanctions, including disciplinary referrals, upon the party responding to the motion to dismiss and the party's attorneys or law firm as the court deems sufficient to deter repetition of the conduct and comparable conduct by others similarly situated.

F. The moving party shall have the right to an expedited interlocutory appeal from a trial court order denying the special motion to dismiss or from a trial court's failure to rule on the motion on an expedited basis.

G. Nothing in this section limits a right or remedy of a party granted pursuant to another constitutional, statutory, common law or administrative provision.

H. If any provision of this section or the application of any provision of this section to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.