Reference Source

Anti-SLAPP special motion deadlines, fee-shifting and discovery stay by state

A SLAPP (strategic lawsuit against public participation) is a suit filed to punish or silence someone for speech, reporting, a review, a complaint to a regulator, or testimony — not to win on the merits. About 34 states plus DC give the target a fast, specific procedural tool to end it early: a special motion to strike or dismiss, filed inside a hard deadline (commonly 60 days from service, but not always — Florida's statute sets none), that suspends normal discovery the moment it is filed and, if the defendant wins, usually forces the plaintiff to pay the defendant's attorney's fees. Miss the deadline and the tool is gone; the case proceeds like any other lawsuit through full discovery. One record per state, each field quoted verbatim from that state's own enacted code — never from a law firm's or advocacy group's summary chart, which is exactly the kind of restatement this asset exists to be checkable against. Answers 'how many days do I have to file an anti-SLAPP motion in California', 'does my state have an anti-SLAPP law', 'is discovery stayed while an anti-SLAPP motion is pending', 'can I get my attorney's fees back if I win an anti-SLAPP motion'. This is not legal advice: whether a given suit qualifies as one 'arising from' protected speech or petitioning activity is the substantive question a court decides on the motion itself, and states differ sharply on how broad that gate is (e.g. Massachusetts limits its statute to suits arising from petitioning government, where California's reaches any public-issue speech) — that scope question is a second, harder field to source and is deliberately left out of this first pass. A state's absence from this asset means either it has no such statute or its statute's operative section could not be reached and verified; it does not mean the state has nothing.

Records28
Sources38
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LicenceFacts taken from US state statutes, each with a verbatim attributed quote and a link back to the publishing legislature or revisor. The text of a state statute is an edict of government and carries no copyright (Wheaton v. Peters, 1834, and its modern line); no commentary, chart or ranking from any advocacy group, law firm or news site is reproduced.

The data

StateDeadline to file the motionAttorney's fees for the prevailing partyEffect on discoveryStatute
ArizonaThe motion to dismiss or quash may be filed within sixty days after the service of the complaint or other document on which the motion is based or, in the court's discretion, at any later time on terms that the court deems proper, including a later time after there is actual notice of a party's misconduct. If the court finds that prima facie proof has been established as prescribed in subsection B of this section, the court, if possible, shall conduct an expedited hearing on the motion.If the court grants the motion to dismiss or quash, the court may award the moving party costs and reasonable attorney fees, including those incurred for the motion. If the court finds that a motion to dismiss or quash is frivolous or solely intended to delay, the court shall award costs and reasonable attorney fees to the prevailing party on the motion.Unless a court rule specifically provides otherwise, all discovery proceedings in the action shall be stayed on a finding of prima facie proof as prescribed in subsection B of this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. Notwithstanding this subsection, the court, on noticed motion and for good cause shown, may order that specified discovery be conducted.Ariz. Rev. Stat. § 12-751
CaliforniaThe special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.Cal. Civ. Proc. Code § 425.16
ColoradoThe special motion must be filed within sixty-three days after the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.Except as provided in subsection (4)(b) of this section, in any action subject to subsection (3) of this section, a prevailing defendant on a special motion to dismiss is entitled to recover the defendant's attorney fees and costs.All discovery proceedings in the action are stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery remains in effect until notice of entry of the order ruling on the motion.Colo. Rev. Stat. § 13-20-1101
ConnecticutAny party filing a special motion to dismiss shall file such motion not later than thirty days after the return date of the complaint, or the filing of a counterclaim or cross claim described in subsection (b) of this section.If the court grants a special motion to dismiss under this section, the court shall award the moving party costs and reasonable attorney's fees, including such costs and fees incurred in connection with the filing of the special motion to dismiss.The court shall stay all discovery upon the filing of a special motion to dismiss. The stay of discovery shall remain in effect until the court grants or denies the special motion to dismiss and any interlocutory appeal thereof.Conn. Gen. Stat. § 52-196a
District of ColumbiaA party may file a special motion to dismiss any claim arising from an act in furtherance of the right of advocacy on issues of public interest within 45 days after service of the claim.The court may award a moving party who prevails, in whole or in part, on a motion brought under § 16-5502 or § 16-5503 the costs of litigation, including reasonable attorney fees.Except as provided in paragraph (2) of this subsection, upon the filing of a special motion to dismiss, discovery proceedings on the claim shall be stayed until the motion has been disposed of.D.C. Code §§ 16-5502, 16-5504
FloridaThe court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.Fla. Stat. § 768.295
Hawaiino later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion to dismiss the cause of action or part of the cause of actionOn a motion under section 634G-3(a) the court shall award costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:All other proceedings between the moving party and responding party in an action, including discovery and a pending hearing or motion, shall be stayed upon the filing of a motion under subsection (a)Haw. Rev. Stat. §§ 634G-1 to 634G-11
IllinoisThe court shall award a moving party who prevails in a motion under this Act reasonable attorney's fees and costs incurred in connection with the motion. The court shall award a responding party who prevails in a motion under this Act reasonable attorney's fees and costs included in connection with the motion if the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.Discovery shall be suspended pending a decision on the motion.735 ILCS 110/20, 110/25
KansasThe motion to strike made under this subsection may be filed within 60 days of the service of the most recent complaint or, in the court's discretion, at any later time upon terms it deems proper. A hearing shall be held on the motion not more than 30 days after the service of the motion.The court shall award the defending party, upon a determination that the moving party has prevailed on its motion to strike, without regard to any limits under state law: (1) Costs of litigation and reasonable attorney fees; and (2) such additional relief, including sanctions upon the responding party and its attorneys and law firms, as the court determines necessary to deter repetition of the conduct by others similarly situated. If the court finds that the motion to strike is frivolous or solely intended to cause delay, the court shall award to the responding party reasonable attorney fees and costs related to the motion.Except as provided by subsection (e)(1), all discovery, motions or other pending hearings shall be stayed upon the filing of the motion to strike. The stay of discovery shall remain in effect until the entry of the order ruling on the motion except that the court, on motion and for good cause shown, may order that specified discovery, motions or other pending hearings be conducted.Kan. Stat. Ann. § 60-5320 (Public Speech Protection Act)
KentuckyNo later than sixty (60) days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which KRS 454.460 to 454.478 applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action in whole or in part.On a motion under KRS 454.464, or the appeal of an order granting or denying a motion under KRS 454.464, the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the motion; or (2) To the responding party if the responding party prevails on the motion and the court finds that the motion was brought without good cause.Except as otherwise provided in subsections (4) to (7) of this section, on the filing of a motion under KRS 454.464: (a) All other proceedings between the moving party and responding party, including discovery and any pending hearing or motion, shall be stayed;Ky. Rev. Stat. §§ 454.460 to 454.478
LouisianaThe special motion may be filed within ninety days of service of the petition, or in the court's discretion, at any later time upon terms the court deems proper.In any action subject to Paragraph A of this Article, a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs.All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this Article. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion.La. Code Civ. Proc. art. 971
MarylandA defendant in an alleged SLAPP suit may move to: (1) Dismiss the alleged SLAPP suit, in which case the court shall hold a hearing on the motion to dismiss as soon as practicable; or (2) Stay all court proceedings until the matter about which the defendant communicated to the government body or the public at large is resolved.Md. Code, Cts. & Jud. Proc. § 5-807
MassachusettsSaid special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper.If the court grants such special motion to dismiss, the court shall award the moving party costs and reasonable attorney's fees, including those incurred for the special motion and any related discovery matters.All discovery proceedings shall be stayed upon the filing of the special motion under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion.Mass. Gen. Laws ch. 231, § 59H
MinnesotaNot later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which sections 554.07 to 554.19 apply, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.On a motion under section 554.09 , the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion: (1) to the moving party if the moving party prevails on the motion; or (2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.Except as otherwise provided in paragraphs (d) to (g), on the filing of a motion under section 554.09 : (1) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed;Minn. Stat. §§ 554.07 to 554.19
MissouriNo later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this section applies, or at a later time upon a showing of good cause, a party may file a special motion to dismiss the cause of action or part of the cause of action.On a motion under subsection 5 of this section, the court shall award costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:All other proceedings between the moving party and responding party in an action, including discovery and a pending hearing or motion, are stayed on the filing of a motion under subsection 5 of this sectionMo. Rev. Stat. § 537.529
NebraskaA defendant in an action involving public petition and participation may maintain an action, claim, cross-claim, or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action. Costs and attorney's fees may be recovered upon a demonstration that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification, or reversal of existing law.Neb. Rev. Stat. §§ 25-21,241 to 25-21,246
NevadaA special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.The court shall award reasonable costs and attorney’s fees to the person against whom the action was brought, except that the court shall award reasonable costs and attorney’s fees to this State or to the appropriate political subdivision of this State if the Attorney General, the chief legal officer or attorney of the political subdivision or special counsel provided the defense for the person pursuant to NRS 41.660 .Except as otherwise provided in subsection 4, stay discovery pending: (1) A ruling by the court on the motion; and (2) The disposition of any appeal from the ruling on the motion; andNev. Rev. Stat. §§ 41.660, 41.670
New Yorkcosts and attorney’s fees shall be recovered upon a demonstration, including an adjudication pursuant to subdivision (g) of rule thirty-two hundred eleven or subdivision (h) of rule thirty-two hundred twelve of the civil practice law and rules, that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law;N.Y. Civ. Rights Law § 70-a
OklahomaA motion to dismiss a legal action under this section shall be filed no later than sixty (60) days after the date of service of the legal action. The court may extend the time to file a motion under this section on a showing of good cause.If the court orders dismissal of a legal action under the Oklahoma Citizens Participation Act, the court shall award to the moving party: 1. Court costs, reasonable attorney fees and other expenses incurred in defending against the legal action as justice and equity may require; and 2. Sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in the Oklahoma Citizens Participation Act.Except as provided in Section 6 of the Oklahoma Citizens Participation Act, on the filing of a motion under subsection A of this section, all discovery in the legal action shall be suspended until the court has ruled on the motion to dismiss.Okla. Stat. tit. 12, §§ 1432, 1438
OregonA special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court’s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing.A defendant who prevails on a special motion to strike made under ORS 31.150 shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike.All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150. The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection.Or. Rev. Stat. §§ 31.150, 31.152
PennsylvaniaA motion under subsection (a) must be made as follows: (1) Except as provided in paragraph (2), no later than 60 days after being served with a pleading asserting a cause of action based on protected public expression.If the party is immune under section 8340.15 (relating to grant of immunity), the court shall award the party attorney fees, court costs and expenses of litigation jointly and severally against each adverse party that asserted the cause of action.If a motion under subsection (a) is made, all of the following apply: (1) Except as provided in subsection (f), all other proceedings in the action are stayed. This paragraph includes discovery and the moving party's obligation to file a responsive pleading.42 Pa.C.S. §§ 8340.16, 8340.18
Rhode IslandIf the court grants the motion asserting the immunity established by this section, or if the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island constitutions in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney’s fees, including those incurred for the motion and any related discovery matters.The court shall stay all discovery proceedings in the action upon the filing of a motion asserting the immunity established by this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion.R.I. Gen. Laws § 9-33-2
TennesseeSuch a petition may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court's discretion, at any later time that the court deems proper.the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party: (1) Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petitionAll discovery in the legal action is stayed upon the filing of a petition under this section. The stay of discovery remains in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause.Tenn. Code Ann. §§ 20-17-104, 20-17-107
TexasA motion to dismiss a legal action under this section must be filed not later than the 60th day after the date of service of the legal action. The parties, upon mutual agreement, may extend the time to file a motion under this section or the court may extend the time to file a motion under this section on a showing of good cause.Except as provided by Section 27.006(b), on the filing of a motion under this section, all discovery in the legal action is suspended until the court has ruled on the motion to dismiss.Tex. Civ. Prac. & Rem. Code § 27.003
UtahNot later than 60 days after the day on which a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.On a motion under Section 78B-25-103, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion:all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayedUtah Code §§ 78B-25-101 to 78B-25-112
VermontA special motion to strike under this section shall be filed with the court and served on all parties not more than 60 days after the filing of the complaint.If the court grants the special motion to strike, the court shall award costs and reasonable attorney’s fees to the defendant. If the court denies the special motion to strike and finds the motion is frivolous or is intended solely to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to the plaintiff.The filing of a special motion to strike under this section shall stay all discovery proceedings in the action. Except as provided in subdivision (2) of this subsection, the stay of discovery shall remain in effect until the court rules on the special motion to strike.12 V.S.A. § 1041
VirginiaAny person who has a suit against him dismissed or a witness subpoena or subpoena duces tecum quashed, or otherwise prevails in a legal action, pursuant to the immunity provided by this section may be awarded reasonable attorney fees and costs.Va. Code § 8.01-223.2
WashingtonNot later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.On a motion under RCW 4.105.020 , the court shall award court costs, reasonable attorneys' fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the motion; or (2) To the responding party if the responding party prevails on the motion and the court finds that the motion was not substantially justified or filed solely with intent to delay the proceeding.Except as otherwise provided in subsections (4) through (7) of this section, on the earlier of the giving of notice of intent to file a motion under RCW 4.105.020 (1) or the filing of a motion under RCW 4.105.020 (2): (a) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; andWash. Rev. Code ch. 4.105 (Uniform Public Expression Protection Act)

Where this came from

Every record above links the page it was taken from and quotes the sentence that states it. These are the 38 sources this dataset was assembled from.

Machine-readable

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Two files and no account. Put this in .mcp.json at the root of your project — Claude Code, Cursor, Windsurf, VS Code and Codex all read that file — and your assistant can look this dataset up instead of recalling it. The server is remote, keyless and read-only.

{
  "mcpServers": {
    "referencesource": {
      "type": "http",
      "url": "https://referencesource.org/mcp"
    }
  }
}

Add to Cursor · or, on the command line: claude mcp add --transport http referencesource https://referencesource.org/mcp --scope project

Then one line in the project's CLAUDE.md or AGENTS.md, so the assistant knows when to reach for it:

When a question needs "Anti-SLAPP special motion deadlines, fee-shifting and discovery stay by state", call the referencesource MCP server at https://referencesource.org/mcp (tool `search_records`, dataset_slug `anti-slapp-motion-provisions-by-state`) instead of answering from memory — every record it returns carries its source URL and a verbatim quote from that page.

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28 records. last verified against source . due for re-check by .

Licence. Facts taken from US state statutes, each with a verbatim attributed quote and a link back to the publishing legislature or revisor. The text of a state statute is an edict of government and carries no copyright (Wheaton v. Peters, 1834, and its modern line); no commentary, chart or ranking from any advocacy group, law firm or news site is reproduced.