SB 1 - Civil Actions - special motions to strike unjustified lawsuits
Georgia Senate - 1995/1996 Sessions
SB 1 - Civil Actions - special motions to strike unjustified lawsuits
Page Numbers - 1/ 2/ 3/ 4
1. Oliver 42nd 2. Farrow 54th 3. Tysinger 41st
4. Slotin 39th
Senate Comm: Judy / House Comm: Judy /
Senate Vote: Yeas 52 Nays 0
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Senate Action House
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1/10/95 Read 1st time 2/13/95
2/8/95 Favorably Reported 1/12/96*
Sub Committee Amend/Sub Sub
2/9/95 Read 2nd Time 2/14/95
Committed 3/17/95
2/10/95 Read 3rd Time 1/23/96
2/10/95 Passed/Adopted 1/23/96
CS Comm/Floor Amend/Sub CS
2/13/96 Amend/Sub Agreed To
3/21/96 Sent To Governor
4/1/96 Signed by Governor
616 Act/Veto Number
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*3/10/95 Favorably reported by substitute.
Code Sections amended: 9-11-11-.1, 51-5-7
SB 1 96 SB1/AP
SENATE BILL 1
By: Senators Oliver of the 42nd, Farrow of the 54th,
Tysinger of the 41st and Slotin of the 39th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 11 of Title 9 of the Official Code of
1- 2 Georgia Annotated, relating to the "Georgia Civil Practice
1- 3 Act," so as to encourage continued participation by the
1- 4 citizens of Georgia in matters of public significance; to
1- 5 encourage the valid exercise of the constitutional rights of
1- 6 freedom of speech and the right to petition government for a
1- 7 redress of grievances; to provide legislative findings; to
1- 8 require certification that a pleading asserting a claim
1- 9 arising from an act reasonably construed by the actor as an
1-10 act in furtherance of the right of free speech or to
1-11 petition government for a redress of grievances is well
1-12 grounded in fact and warranted by existing law or a good
1-13 faith argument for the extension, modification, or reversal
1-14 of existing law, is not filed for an improper purpose, and
1-15 that the act forming the basis for the claim is not
1-16 privileged; to provide for striking a claim without such
1-17 certification; to provide for exceptions; to provide for
1-18 sanctions for violations; to provide for definitions; to
1-19 provide for stays and exceptions; to amend Chapter 5 of
1-20 Title 51 of the Official Code of Georgia Annotated, relating
1-21 to libel and slander, so as to provide that statements made
1-22 in furtherance of a person's right to free speech or to
1-23 petition government for a redress of grievances in
1-24 connection with an issue of public interest are privileged
1-25 communications; to provide for editorial changes; to provide
1-26 for other matters relative to the foregoing; to provide an
1-27 effective date; to repeal conflicting laws; and for other
1-28 purposes.
1-29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-30 Chapter 11 of Title 9 of the Official Code of Georgia
1-31 Annotated, relating to the "Georgia Civil Practice Act," is
1-32 amended by adding a new Code Section 9-11-11.1 to read as
1-33 follows:
S. B. 1
-1- (Index)
LC 22 1962S
2- 1 "9-11-11.1. (Index)
2- 2 (a) The General Assembly of Georgia finds and declares
2- 3 that it is in the public interest to encourage
2- 4 participation by the citizens of Georgia in matters of
2- 5 public significance through the exercise of their
2- 6 constitutional rights of freedom of speech and the right
2- 7 to petition government for redress of grievances. The
2- 8 General Assembly of Georgia further finds and declares
2- 9 that the valid exercise of the constitutional rights of
2-10 freedom of speech and the right to petition government for
2-11 a redress of grievances should not be chilled through
2-12 abuse of the judicial process.
2-13 (b) For any claim asserted against a person or entity
2-14 arising from an act by that person or entity which could
2-15 reasonably be construed as an act in furtherance of the
2-16 right of free speech or the right to petition government
2-17 for a redress of grievances under the Constitution of the
2-18 United States or the Constitution of the State of Georgia
2-19 in connection with an issue of public interest or concern,
2-20 both the party asserting the claim and the party's
2-21 attorney of record, if any, shall be required to file,
2-22 contemporaneously with the pleading containing the claim,
2-23 a written verification under oath as set forth in Code
2-24 Section 9-10-113. Such written verification shall certify
2-25 that the party and his or her attorney of record, if any,
2-26 have read the claim; that to the best of their knowledge,
2-27 information, and belief formed after reasonable inquiry it
2-28 is well grounded in fact and is warranted by existing law
2-29 or a good faith argument for the extension, modification,
2-30 or reversal of existing law; that the act forming the
2-31 basis for the claim is not a privileged communication
2-32 under paragraph (4) of Code Section 51-5-7; and that the
2-33 claim is not interposed for any improper purpose such as
2-34 to suppress a person's or entity's right of free speech or
2-35 right to petition government, or to harass, or to cause
2-36 unnecessary delay or needless increase in the cost of
2-37 litigation. If the claim is not verified as required by
2-38 this subsection, it shall be stricken unless it is
2-39 verified within ten days after the omission is called to
2-40 the attention of the party asserting the claim. If a
2-41 claim is verified in violation of this Code section, the
2-42 court, upon motion or upon its own initiative, shall
2-43 impose upon the persons who signed the verification, a
2-44 represented party, or both an appropriate sanction which
2-45 may include dismissal of the claim and an order to pay to
S. B. 1
-2- (Index)
LC 22 1962S
3- 1 the other party or parties the amount of the reasonable
3- 2 expenses incurred because of the filing of the pleading,
3- 3 including a reasonable attorney's fee.
3- 4 (c) As used in this Code section, 'act in furtherance of
3- 5 the right of free speech or the right to petition
3- 6 government for a redress of grievances under the
3- 7 Constitution of the United States or the Constitution of
3- 8 the State of Georgia in connection with an issue of public
3- 9 interest or concern' includes any written or oral
3-10 statement, writing, or petition made before or to a
3-11 legislative, executive, or judicial proceeding, or any
3-12 other official proceeding authorized by law, or any
3-13 written or oral statement, writing, or petition made in
3-14 connection with an issue under consideration or review by
3-15 a legislative, executive, or judicial body, or any other
3-16 official proceeding authorized by law.
3-17 (d) All discovery and any pending hearings or motions in
3-18 the action shall be stayed upon the filing of a motion to
3-19 dismiss or a motion to strike made pursuant to subsection
3-20 (b) of this Code section. The motion shall be heard not
3-21 more than 30 days after service unless the emergency
3-22 matters before the court require a later hearing. The
3-23 court, on noticed motion and for good cause shown, may
3-24 order that specified discovery or other hearings or
3-25 motions be conducted notwithstanding this subsection.
3-26 (e) Nothing in this Code section shall affect or preclude
3-27 the right of any party to any recovery otherwise
3-28 authorized by common law, statute, law, or rule."
SECTION 2.
3-29 Chapter 5 of Title 51 of the Official Code of Georgia
3-30 Annotated, relating to libel and slander, is amended by
3-31 striking in its entirety Code Section 51-5-7, relating to
3-32 privileged communications, and inserting in lieu thereof a
3-33 new Code section to read as follows:
3-34 "51-5-7. (Index)
3-35 The following communications are deemed privileged:
3-36 (1) Statements made in good faith in the performance of
3-37 a public duty;
3-38 (2) Statements made in good faith in the performance of
3-39 a legal or moral private duty;
S. B. 1
-3- (Index)
LC 22 1962S
4- 1 (3) Statements made with a good faith intent on the part
4- 2 of the speaker to protect his or her interest in a
4- 3 matter in which it is concerned;
4- 4 (4) Statements made in good faith as part of an act in
4- 5 furtherance of the right of free speech or the right to
4- 6 petition government for a redress of grievances under
4- 7 the Constitution of the United States or the
4- 8 Constitution of the State of Georgia in connection with
4- 9 an issue of public interest or concern, as defined in
4-10 subsection (c) of Code Section 9-11-11.1.
4-11 (5) Fair and honest reports of the proceedings of
4-12 legislative or judicial bodies;
4-13 (5)(6) Fair and honest reports of court proceedings;
4-14 (6)(7) Comments of counsel, fairly made, on the
4-15 circumstances of a case in which he or she is involved
4-16 and on the conduct of the parties in connection
4-17 therewith;
4-18 (7)(8) Truthful reports of information received from any
4-19 arresting officer or police authorities; and
4-20 (8)(9) Comments upon the acts of public men or public
4-21 women in their public capacity and with reference
4-22 thereto."
SECTION 3.
4-23 This Act shall become effective upon its approval by the
4-24 Governor or upon its becoming law without such approval.
SECTION 4.
4-25 All laws and parts of laws in conflict with this Act are
4-26 repealed.
S. B. 1
-4- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97