§ 8340.16 — Pretrial motion

Pennsylvania § 8340.16

• Jurisdiction: Pennsylvania
• Title 42: JUDICIARY AND JUDICIAL PROCEDURE
• Part: PART VII
• Ch. 83: PARTICULAR RIGHTS AND IMMUNITIES
• Subch.: PROTECTED PUBLIC EXPRESSION

Text

(a) Authorization.--A party may file a special motion for dismissal of or judgment on a cause of action, or part of a cause of action, based on a party's protected public expression immunity.

(b) Time.--A 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.

(2) The court may extend the time under paragraph (1) upon a showing of good cause.

(c) Effect.--A motion under subsection (a) does not preclude a party from asserting protected public expression immunity through other pleadings and motions under the Pennsylvania Rules of Civil Procedure.

(d) Procedure.--Upon motion under subsection (a), all of the following apply:

(1) Subject to paragraphs (2) and (3), the court shall hear oral argument on the motion within 60 days after the motion is filed.

(2) The court may extend the time period under paragraph (1):

(i) to allow discovery under subsection (f)(2)(i); or

(ii) for good cause.

(3) If paragraph (2) applies, the court shall hear argument as follows:

(i) For an extension under paragraph (2)(i):

(A) within 60 days after the court order allowing the discovery; or

(B) for good cause, on the date specified by the court.

(ii) For an extension under paragraph (2)(ii), on the date specified by the court.

(4) In ruling on a motion under subsection (a), the court shall consider the record as defined in Pa.R.C.P. No. 1035.1 (relating to Motion for Summary Judgment. Definition), the special motion and responses and the evidence which can be considered on a motion for summary judgment under Pa.R.C.P. No. 1035.2 (relating to motion).

(5) Within 60 days after hearing oral argument under paragraph (1) or (3), the court shall:

(i) rule on a motion under subsection (a); and

(ii) place on the record a written opinion stating its reasoning for its ruling.

(e) Stay.--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.

(2) A stay under paragraph (1) shall remain in effect until the order ruling on the motion becomes final. This paragraph includes an appeal of the order.

(f) Exceptions to stay.--During a stay under subsection (e), all of the following apply:

(1) A party may challenge service of a writ or complaint, personal or subject matter jurisdiction or venue.

(2) A court may take any of the following actions:

(i) Allow limited discovery if a party shows that specific information:

(A) is necessary to establish whether a party has satisfied or failed to satisfy a burden under section 8340.15 (relating to grant of immunity); and

(B) is not reasonably available unless discovery is allowed.

(ii) Upon a showing of good cause, hear and rule on a request for special or preliminary injunctive relief to protect against an imminent threat to public health or safety.

(iii) Upon a showing of good cause, permit a proceeding relating exclusively to a cause of action:

(A) in response to which no party has asserted protected public expression immunity; and

(B) which does not implicate an issue relevant to a party's assertion of protected public expression immunity or to the cause of action for which that immunity has been asserted.

(3) A party may voluntarily discontinue all or part of the party's action.

(4) A party may move to recover attorney fees, court costs and expenses of litigation under section 8340.18 (relating to awards).

Legislative History

Applicability.Section 7(1) of Act 72 of 2024 provided that the addition of section 8340.16 shall take effect on the effective date specified in the notice under section 3(4) of Act 72 of 2024. See section 3 of Act 72 in the appendix to this title for special provisions relating to applicability.