§634F-1 - Definitions.
[§634F-1] Definitions. As used in this
chapter, unless the context otherwise requires:
"Governmental body" includes a
branch, department, agency, instrumentality, official, employee, agent, or
other person acting under color of law of the United States, a state, or
subdivision of a state or other public authority.
"Judicial claim" or "claim"
includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or
other judicial pleading or filing requesting relief.
"Lacks substantial justification"
means substantially frivolous, substantially groundless, or substantially
vexatious.
"Motion" includes any motion to
dismiss, for summary judgment, for judgment on the pleadings or to strike, a
demurrer, or any other judicial pleading filed to dispose of a judicial claim.
"Moving party" means any person on
whose behalf the motion described in section 634F-2 is filed seeking dismissal
of the judicial claim.
"Person" includes any individual,
corporation, association, organization, partnership, two or more persons having
a joint or common interest, or other legal entity.
"Public participation" means any oral
or written testimony submitted or provided to a governmental body during the
course of a governmental proceeding.
"Responding party" means any person
against whom the motion described in section 634F-2 is filed.
"SLAPP" means a strategic lawsuit
against public participation and refers to a lawsuit that lacks substantial
justification or is interposed for delay or harassment and that is solely based
on the party's public participation before a governmental body. [L 2002, c 187,
pt of §2]