HB0223

Establishes the Wyoming Anti-SLAPP Act to provide qualified immunity from lawsuits based on constitutional rights of petition, speech, and expression, and establishes procedures for invoking and defending against strategic lawsuits against public participation.

• Defines the Wyoming Anti-SLAPP Act and establishes its purposes: to ensure full participation in robust discussion of public concerns and to resolve litigation hindering First Amendment rights quickly with minimal cost. (W.S. 1-44-101)
• Grants qualified immunity from suit and civil liability to any person sued for actions based on exercise of First Amendment or Wyoming Constitution Article 1, Section 20 rights related to matters of public concern. (W.S. 1-44-102(a))
• Allows persons to invoke immunity at any time unless they have substantially litigated the case beyond a jurisdictional challenge, unless new facts are later discovered that demonstrate the immunity applies. (W.S. 1-44-102(b))
• Permits defendants to move to dismiss or dispose of cases based on immunity if claims are based, in whole or part, on constitutional rights of petition, speech, or expression in connection with public concerns. (W.S. 1-44-102(c))
• Requires courts to rule on immunity motions within 30 business days and permits immediate appeal of denial of such motions. (W.S. 1-44-103(c)(vi), W.S. 1-44-102(d))
• Mandates courts stay all other proceedings and discovery pending ruling on immunity motions, and allows limited discovery only upon showing specific necessity by affidavit when information is not otherwise reasonably available. (W.S. 1-44-103(c)(v), W.S. 1-44-103(d))
• Awards costs and reasonable attorney fees to defendants who successfully invoke immunity, and awards compensatory damages and fees if a counterclaim shows the original claim was without merit and intended to suppress First Amendment rights. (W.S. 1-44-102(e), W.S. 1-44-102(f))
• Allows Wyoming citizens sued in foreign jurisdictions for claims that would qualify for immunity in Wyoming to bring a separate action for statutory damages of $10,000 to $100,000, actual costs, and attorney fees if they prevail in the foreign lawsuit.