Subdivision 1. Applicability. This section applies to any motion in a judicial proceeding to dispose of a judicial claim on the grounds that the claim materially relates to an act of the moving party that involves public participation.
Subd. 2. Procedure. On the filing of any motion described in subdivision 1:
(1) discovery must be suspended pending the final disposition of the motion, including any appeal; provided that the court may, on motion and after a hearing and for good cause shown, order that specified and limited discovery be conducted;
(2) the responding party has the burden of proof, of going forward with the evidence, and of persuasion on the motion;
(3) the court shall grant the motion and dismiss the judicial claim unless the court finds that the responding party has produced clear and convincing evidence that the acts of the moving party are not immunized from liability under section 554.03; and
(4) any governmental body to which the moving party's acts were directed or the attorney general's office may intervene in, defend, or otherwise support the moving party.
History: 1994 c 566 s 2
NOTE: This section was found unconstitutional as applied to claims at law alleging torts in Leiendecker v. Asian Women United of Minnesota, 895 N.W.2d 623 (Minn. 2017).
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