HB 759 Virginia House of Delegates · 2020 Regular Session

Strategic lawsuits against public participation; special motion to dismiss, stay of discovery.

Summary
Strategic lawsuits against public participation; specialmotion to dismiss; stay of discovery; special motion to quash; fees and costs.Establishes a procedure by which a party alleging that a claim filed against himis a strategic lawsuit against public participation (SLAPP), as defined in thebill, may file a special motion to dismiss within 45 days after service of sucha claim. The bill provides that the filing of such a special motion to dismissshall stay discovery proceedings related to the claim, pending the entry of anorder adjudicating the special motion to dismiss, unless the court allowslimited and specific discovery for good cause shown. The bill furtherestablishes a special motion to quash procedure for persons whose personalidentifying information is sought pursuant to a discovery order, request, orsubpoena in connection with an alleged SLAPP. The bill provides that a partyaggrieved by an entry of an order granting or denying a special motion to dismissor special motion to quash shall be permitted to submit a petition for anappeal to the Supreme Court of Virginia. The bill provides that a court shallaward reasonable expenses related to a special motion to dismiss or quash,including attorney fees and costs, if the moving party prevails, in whole or inpart, on such a special motion. The bill allows the court to award suchreasonable expenses to a prevailing responding party to a special motion todismiss or quash if the court finds that such a motion was filed in bad faithor solely with the intent to delay the underlying proceedings.
Bill status failed 4 of 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
House of Delegates Passage
Feb 2020
Senate Passage
Feb 2020
Governor
Introduced Jan 7, 2020 Last action Mar 12, 2020
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
32
Key actions
10
Committee
11
Feb 28, 2020
Upper · Passed
Senate requested conference committee
upper
Feb 24, 2020
Upper · Passed
Passed Senate with substitute (40-Y 0-N)
upper
Feb 24, 2020
Upper · Passed
Engrossed by Senate - committee substitute HB759S1
upper
Feb 24, 2020
Upper · Passed
Committee substitute agreed to 20108626D-S1
upper
Feb 19, 2020
Upper · Passed
Reported from Judiciary with substitute (13-Y 1-N)
upper
Feb 12, 2020
Committee
Referred to Committee on the Judiciary
upper
Feb 11, 2020
Lower · Passed
Read third time and passed House (64-Y 34-N)
lower
Feb 10, 2020
Lower · Passed
Engrossed by House - committee substitute HB759H1
lower
Feb 10, 2020
Lower · Passed
Committee substitute agreed to 20107492D-H1
lower
Feb 7, 2020
Lower · Passed
Reported from Courts of Justice with substitute (10-Y 6-N)
lower
Feb 3, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (5-Y 2-N)
lower
Jan 30, 2020
Committee
Assigned Courts sub: Civil
lower
Jan 7, 2020
Committee
Referred to Committee for Courts of Justice
lower
Jan 7, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20104817D
lower
1 primary · 3 co-sponsors

Sponsors