The Anti-SLAPP Act of 2010 (Act 18-701) (the “Act”) became D.C. Law 18-351 on March 31, 2011.  58 D.C. Reg. 3700 (Apr. 29, 2011).  The preamble to the enactment states that it was adopted “[t]o provide a special motion for the quick and efficient dismissal of strategic lawsuits against public participation, to stay discovery proceedings until the special motion is considered, to provide a motion to quash attempts to seek personal identifying information and to award the costs of litigation to the moving party on a successful special motion.”

Section 3 of the Act states, inter alia, that “[a] party may file a special motion to dismiss any claim arising from an act in furtherance of the right of advocacy on issues of public interest within 45 days after service of the claim.” It further provides that the motion shall be granted if the party filing the motion “makes a prima facie showing that the claim at issue arises from an act in furtherance of the right of advocacy on issues of public interest” and the responding party fails to demonstrate “that the claim is likely to succeed on the merits.” Discovery is stayed while the motion is pending unless the court finds that “it appears likely that targeted discovery will enable the plaintiff to defeat the motion and that the discovery will not be unduly burdensome.” The court is required to “hold an expedited hearing on the special motion to dismiss, and issue a ruling as soon as practicable after the hearing.” Furthermore, “[i]f the special motion to dismiss is granted,dismissal shall be with prejudice.”

Section 4 of the Act states, inter alia, that “[a] person whose personal identifying information is sought, pursuant to a discovery order, request, or subpoena, in connection with a claim arising from an act in furtherance of the right of advocacy on issues of public interest may make a special motion to quash the discovery order, request, or subpoena.” The motion shall be granted if the moving party makes “a prima facie showing that the underlying claim arises from an act in furtherance of the right of advocacy on issues of public interest . . . unless the party seeking his or her personal identifying information demonstrates that the underlying claim is likely to succeed on the merits.”

Section 5 of the Act states, inter alia, that the court is permitted to “award a moving party who prevails, in whole or in part, on a motion brought under sections 3 or 4 the costs of litigation, including reasonable attorney fees.”

Section 2 of the Act defines the following: “act in furtherance of the right of advocacy on issues of public interest”; “claim”; “issue of public interest”; and “personal identifying information.”

To read the Act, click here.  To read the Committee Report on the Act, click here.

About the Author: Douglas C. Melcher is a licensed attorney and an active member of the District of Columbia Bar with more than a decade of experience practicing law in the District of Columbia. Mr. Melcher may be contacted by e-mail at dmelcher@DCLaw.net or by telephone at (202) 521-0603. To learn more about Mr. Melcher, click here.