§ 20-17-105 — Burden of proof - Dismissal of legal action

(a) The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party's exercise of the right to free speech, right to petition, or right of association. (b) If the petitioning party meets this burden, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action. (c) Notwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action. (d) The court may base its decision on supporting and opposing sworn affidavits stating admissible evidence upon which the liability or defense is based and on other admissible evidence presented by the parties. (e) If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice. (f) If the court determines the responding party established a likelihood of prevailing on a claim: (1) The fact that the court made that determination and the substance of the determination may not be admitted into evidence later in the case; and (2) The determination does not affect the burden or standard of proof in the proceeding.

Legislative History

Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.