(1) A 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.

Terms Used In Oregon Statutes 31.152

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2)(a) 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.

(b) During a stay under this subsection, the court may hear and rule on a motion for reasonable attorney fees and costs under subsection (3) of this section.

(c) A stay under this subsection does not affect a party’s ability voluntarily to dismiss a claim or part of a claim or move to sever a claim.

(d) During a stay under this subsection, the court for good cause may hear and rule on:

(A) A motion unrelated to the special motion to strike under ORS § 31.150.

(B) A motion seeking a preliminary injunction to protect against an imminent threat to public health or safety.

(3) 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.

(4)(a) A voluntary dismissal without prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS § 31.150 does not affect a moving party’s right to obtain a ruling on the motion and seek attorney fees and costs under subsection (3) of this section.

(b) A voluntary dismissal with prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS § 31.150 establishes for the purpose of subsection (3) of this section that the moving party prevailed on the motion.

(5) A moving party may appeal as a matter of right from an order denying, in whole or in part, a special motion to strike under ORS § 31.150. The appeal must be filed in accordance with ORS § 19.205.

(6) The purpose of the procedure established by this section and ORS § 31.150 and 31.155 is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS § 31.150 (4). This section and ORS § 31.150 and 31.155 are to be liberally construed in favor of the exercise of the rights described in ORS § 31.150 (2). [Formerly 30.144; 2009 c.449 § 3; 2023 c.71 § 2]

 

  Previous section
Next section  
 Special Motion to Strike Contents