SC Citizens Participation Act
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
The South Carolina Citizens Participation Act aims to provide a procedure for individuals involved in civil lawsuits to potentially have those lawsuits dismissed if they were exercising their rights to free speech, petition, or association. The act establishes specific definitions related to these rights and outlines a process for filing a motion to dismiss, including deadlines and considerations for discovery. It also addresses potential sanctions and court costs.
Key provisions
- Defines key terms such as ‘communication,’ ‘exercise of the right of association,’ ‘exercise of the right of free speech,’ and ‘exercise of the right to petition.’
- Establishes a process for a party to a civil lawsuit to file a motion to dismiss if the lawsuit is based on their exercise of free speech, petition, or association.
- Sets deadlines for filing motions to dismiss and for the court to rule on them.
- Suspends discovery in the legal action while a motion to dismiss is pending.
- Addresses potential sanctions and court costs for frivolous lawsuits or those intended to harass.
- Specifies exceptions to the act, including enforcement actions, certain commercial transactions, and specific types of legal claims.
- Requires the court to make findings regarding the purpose of the lawsuit if it is dismissed.
- Provides for expedited appeal procedures if a court fails to rule on a motion to dismiss within the prescribed timeframe.
Who is affected
Bill text
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Sponsors
Official sponsors from legislative records.
1 on record
Primary sponsor
M.M. Smith
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