[§634F-2]  Required procedures; motion. 
Notwithstanding any law to the contrary, including rules of court, upon the
filing of any motion to dispose of a claim in a judicial proceeding on the
grounds that the claim is based on, relates to, or involves public
participation and is a SLAPP lawsuit:



(1)  The motion shall be treated as a motion for
judgment on the pleadings, matters outside the pleadings shall be excluded by
the court, and the court shall expedite the hearing of the motion;



(2)  The moving party shall have a right:



(A)  To an immediate appeal from a court order
denying the motion; and



(B)  To file an application for a writ of
mandamus if the court fails to rule on the motion in an expedited fashion;



(3)  Discovery shall be suspended, pending decision on
the motion and appeals;



(4)  The responding party shall:



(A)  Without leave of court, have seven days to
amend its pleadings to be pled with specificity, and shall include such
supporting particulars as are peculiarly within the supporting pleader's
knowledge; and



(B)  Have the burden of proof and persuasion on
the motion;



(5)  The court shall make its determination based upon
the allegations contained in the pleadings;



(6)  The court shall grant the motion and dismiss the
judicial claim, unless the responding party has demonstrated that more likely
than not, the respondent's allegations do not constitute a SLAPP lawsuit as
defined in section 634F-1;



(7)  Any governmental body to which the moving party's
acts were directed or the attorney general in the case of a state governmental
body, or the county attorney or corporation counsel in the case of a county
governmental body may intervene to defend or otherwise support the moving party
in the lawsuit;



(8)  The court shall award a moving party who prevails
on the motion, without regard to any limits under state law:



(A)  Actual damages or $5,000, whichever is
greater;



(B)  Costs of suit, including reasonable
attorneys' and expert witness fees, incurred in connection with the motion; and



(C)  Such additional sanctions upon the
responding party, its attorneys, or law firms as the court determines shall be
sufficient to deter repetition of the conduct and comparable conduct by others
similarly situated; and



(9)  Any person damaged or injured by reason of a
claim filed in violation of their rights under this chapter may seek relief in
the form of a claim for actual or compensatory damages, as well as punitive
damages, attorneys' fees, and costs, from the person responsible. [L 2002, c
187, pt of §2]