Title 78B Chapter 6 Section 1403

Judicial Code
Particular Proceedings
Section 1403


78B-6-1403.   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.

Renumbered and Amended by Chapter 3, 2008 General Session