§ 34-7-7-9 — Motion to dismiss; procedures and determination

Indiana § 34-7-7-9

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 7: GENERAL PROVISIONS
• Ch. 7: Defense in Civil Actions Against Persons Who Act in

Text

(a) If a person files a motion to dismiss under
this chapter, the court in which the motion is filed shall do the
following:
(1) Treat the motion as a motion for summary judgment.
(2) Establish a reasonable time period, not to exceed one hundred
eighty (180) days, to expedite and rule on the motion.
(3) Specify time limits for the discovery of evidence to respond to
material issues raised in the motion.
(b) The person who files a motion to dismiss must state with
specificity the public issue or issue of public interest that prompted the
act in furtherance of the person's right of petition or free speech under
the Constitution of the United States or the Constitution of the State of
Indiana.
(c) The court shall make its determination based on the facts
contained in the pleadings and affidavits filed and discovered under the
expedited proceeding.
(d) The motion to dismiss shall be granted if the court finds that the
person filing the motion has proven, by a preponderance of the
evidence, that the act upon which the claim is based is a lawful act in
furtherance of the person's right of petition or free speech under the
Constitution of the United States or the Constitution of the State of
Indiana.
(e) The court must act on the motion to dismiss within thirty (30)
days from the submission of evidence made by motion to the court that
is discovered within the specific expedited time period allowed.
(f) If a court does not act within the thirty (30) days provided in
subsection (e), the person filing the motion may appeal the matter
based on the court's failure to rule on the motion.

Legislative History

As added by P.L.114-1998, SEC.7.