H.B. 112 Enrolled

PREVENTION OF RETALIATORY LAWSUITS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Rebecca D. Lockhart
Ralph Becker
David L. Hogue

This act modifies the Judicial Code by creating the Citizen Participation in Government Act.
The act creates a summary procedure for the courts to use to determine whether a suit is a
retaliatory lawsuit for participation by the defendant in the government process. The act
also allows for "slappback" suits and specifies damages.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
78-58-101, Utah Code Annotated 1953
78-58-102, Utah Code Annotated 1953
78-58-103, Utah Code Annotated 1953
78-58-104, Utah Code Annotated 1953
78-58-105, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-58-101 is enacted to read:
CHAPTER 58. CITIZEN PARTICIPATION IN GOVERNMENT ACT
78-58-101. Title.
This chapter is known as the "Citizen Participation in Government Act."
Section 2. Section 78-58-102 is enacted to read:
78-58-102. Definitions.
As used in this chapter:
(1) "Action involving public participation in the process of government" means any
lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing
requesting relief to which this act applies.
(2) "Government" includes a branch, department, agency, instrumentality, official,
employee, agent, or other person acting under color of law of the United States, a state, or

subdivision of a state or other public authority.
(3) "Moving party" means any person on whose behalf the motion is filed.
(4) "Person" means the same as defined in Section 68-3-12 .
(5) "Process of government" means the mechanisms and procedures by which the legislative
and executive branches of government make decisions, and the activities leading up to the decisions,
including the exercise by a citizen of the right to influence those decisions under the First
Amendment to the U.S. Constitution.
(6) "Responding party" means any person against whom the motion described in Section
78-58-103 is filed.
(7) "State" means the same as defined in Section 68-3-12 .
Section 3. Section 78-58-103 is enacted to read:
78-58-103. Applicability.
(1) A defendant in an action who believes that the action is primarily based on, relates to,
or is in response to an act of the defendant while participating in the process of government and is
done primarily to harass the defendant, may file:
(a) an answer supported by an affidavit of the defendant detailing his belief that the action
is designed to prevent, interfere with, or chill public participation in the process of government, and
specifying in detail the conduct asserted to be the participation in the process of government believed
to give rise to the complaint; and
(b) a motion for judgment on the pleadings in accordance with the Utah Rules of Civil
Procedure Rule 12(c).
(2) Affidavits detailing activity not adequately detailed in the answer may be filed with the
motion.
Section 4. Section 78-58-104 is enacted to read:
78-58-104. Procedures.
(1) On the filing of a motion for judgment on the pleadings:
(a) all discovery shall be stayed pending resolution of the motion unless the court orders
otherwise;

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(b) the trial court shall hear and determine the motion as expeditiously as possible with the
moving party providing by clear and convincing evidence that the primary reason for the filing of
the complaint was to interfere with the first amendment right of the defendant; and
(c) the moving party shall have a right to seek interlocutory appeal from a trial court order
denying the motion or from a trial court failure to rule on the motion in expedited fashion.
(2) The court shall grant the motion and dismiss the action upon a finding that the primary
purpose of the action is to prevent, interfere with, or chill the moving party's proper participation in
the process of government.
(3) Any government body to which the moving party's acts were directed or the attorney
general may intervene to defend or otherwise support the moving party.
Section 5. Section 78-58-105 is enacted to read:
78-58-105. Counter actions -- Attorney's fees -- Damages.
(1) A defendant in an action involving public participation in the process of government may
maintain an action, claim, cross-claim, or counterclaim to recover:
(a) costs and reasonable attorney's fees, upon a demonstration that the action involving
public participation in the process of government 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; and
(b) other compensatory damages upon an additional demonstration that the action involving
public participation in the process of government was commenced or continued for the purpose of
harassing, intimidating, punishing, or otherwise maliciously inhibiting the free exercise of rights
granted under the First Amendment to the U.S. Constitution.
(2) Nothing in this section shall affect or preclude the right of any party to any recovery
otherwise authorized by law.

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