IC 34-7-7
    Chapter 7. Defense in Civil Actions Against Persons Who Act inFurtherance of the Person's Right of Petition or Free Speech Underthe Constitution of the United States or the Constitution of the Stateof Indiana in Connection With a Public Issue

IC 34-7-7-1
Applicability of chapter
    Sec. 1. (a) This chapter applies to an act in furtherance of aperson's right of petition or free speech under the Constitution of theUnited States or the Constitution of the State of Indiana inconnection with a public issue or an issue of public interest thatarises after June 30, 1998. This chapter does not apply to an actionthat was filed and is pending before July 1, 1998.
    (b) This chapter does not apply to an enforcement action broughtin the name of the state of Indiana by the attorney general, aprosecuting attorney, or another attorney acting as a publicprosecutor.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-2
"Act in furtherance of a person's right of petition or free speechunder the Constitution of the United States or the Constitution ofthe State of Indiana in connection with a public issue" defined
    Sec. 2. As used in this chapter, "act in furtherance of a person'sright of petition or free speech under the Constitution of the UnitedStates or the Constitution of the State of Indiana in connection witha public issue" includes any conduct in furtherance of the exercise ofthe constitutional right of:
        (1) petition; or
        (2) free speech;
in connection with a public issue or an issue of public interest.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-3
"Claim" defined
    Sec. 3. As used in this chapter, "claim" means:
        (1) a lawsuit;
        (2) a cause of action;
        (3) a petition;
        (4) a complaint;
        (5) a cross claim;
        (6) a counterclaim; or
        (7) any other judicial pleading or filing;
that requests legal or equitable relief.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-4
"Person" defined
    Sec. 4. As used in this chapter, "person" means any of the

following:
        (1) An individual.
        (2) Any other legal entity.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-5
Conditions under which rights of petition or free speech may beused as defense
    Sec. 5. It is a defense in a civil action against a person that the actor omission complained of is:
        (1) an act or omission of that person in furtherance of theperson's right of petition or free speech under the Constitutionof the United States or the Constitution of the State of Indianain connection with a public issue; and
        (2) an act or omission taken in good faith and with a reasonablebasis in law and fact.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-6
Discovery; stay pending motion to dismiss
    Sec. 6. All discovery proceedings in the action are stayed upon thefiling of a motion to dismiss made under this chapter, except fordiscovery relevant to the motion.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-7
Costs and attorney's fees; defendant successful in motion to dismiss
    Sec. 7. A prevailing defendant on a motion to dismiss made underthis chapter is entitled to recover reasonable attorney's fees and costs.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-8
Costs and attorney's fees; defendant unsuccessful in motion todismiss
    Sec. 8. If a court finds that a motion to dismiss made under thischapter is:
        (1) frivolous; or
        (2) solely intended to cause unnecessary delay;
the plaintiff is entitled to recover reasonable attorney's fees and coststo answer the motion.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-9
Motion to dismiss; procedures and determination
    Sec. 9. (a) If a person files a motion to dismiss under this chapter,the court in which the motion is filed shall do the following:
        (1) Treat the motion as a motion for summary judgment.
        (2) Establish a reasonable time period, not to exceed onehundred eighty (180) days, to expedite and rule on the motion.
        (3) Specify time limits for the discovery of evidence to respond

to material issues raised in the motion.
    (b) The person who files a motion to dismiss must state withspecificity the public issue or issue of public interest that promptedthe act in furtherance of the person's right of petition or free speechunder the Constitution of the United States or the Constitution of theState of Indiana.
    (c) The court shall make its determination based on the factscontained in the pleadings and affidavits filed and discovered underthe expedited proceeding.
    (d) The motion to dismiss shall be granted if the court finds thatthe person filing the motion has proven, by a preponderance of theevidence, that the act upon which the claim is based is a lawful actin furtherance of the person's right of petition or free speech underthe Constitution of the United States or the Constitution of the Stateof Indiana.
    (e) The court must act on the motion to dismiss within thirty (30)days from the submission of evidence made by motion to the courtthat is discovered within the specific expedited time period allowed.
    (f) If a court does not act within the thirty (30) days provided insubsection (e), the person filing the motion may appeal the matterbased on the court's failure to rule on the motion.
As added by P.L.114-1998, SEC.7.

IC 34-7-7-10
Remedy in addition to other remedies provided by law
    Sec. 10. The remedy provided by this chapter is in addition toother remedies provided by law.
As added by P.L.114-1998, SEC.7.