Bill
HB 5788
Establishes a fast-track to dismiss lawsuits targeting protected public expression in government matters, with 60-day motions, stays, and costs for winners.
Status and sponsor
- Introduced June 6, 2024 by Rep. Kara Hope.
- Passed the Michigan House (read a third time and passed Dec. 10, 2024; passed with immediate effect). Transmitted to the Senate and referred to the appropriate committees (most recently noted referral to Veterans' and Military Affairs on Jan. 21, 2025).
- Bill enacts the "Uniform Public Expression Protection Act" (based on the Uniform Law Commission model).
Purpose
- Establish a statutory mechanism to protect persons from “strategic lawsuits against public participation” (SLAPP suits) by enabling expedited dismissal of civil claims that target protected public expression or participation in government-related proceedings.
- Promote vigorous public participation by reducing the chilling effect and shifting litigation burdens toward plaintiffs who bring such suits.
Key provisions
- Eligible causes of action: civil claims (filed after the act’s effective date) based on any of the following:
- A communication in a legislative, executive, judicial, administrative, or other governmental proceeding.
- A communication on an issue under consideration or review in such a proceeding.
- The person’s exercise, on a matter of public concern, of constitutional rights (free speech, press, assembly, petition, association).
- Exclusions (claims NOT covered): suits by or against governmental units acting in official capacities; suits to enforce laws against imminent public health/safety threats; claims arising from certain state statutes (e.g., Elliott-Larsen Civil Rights Act, Persons with Disabilities Civil Rights Act, Whistleblowers’ Protection Act, Workers’ Disability Compensation Act, FOIA) and specified federal statutes (e.g., Title VII, Title IX, ADEA, ADA, FMLA, FLSA). “Goods or services” carve-out excludes ordinary commercial-sale disputes (but excludes artistic/political/creative works from that definition).
- Special motion for expedited relief: a defendant may file a special motion to dismiss (or part of an action) within 60 days of service (or later for good cause).
- Automatic stay: filing the special motion generally stays all proceedings between moving and responding parties (including discovery) until final ruling and appeal period; appeal of the ruling stays all proceedings until conclusion of appeal. Motions for costs/fees are not stayed.
- Limited discovery: court may allow narrowly tailored discovery if necessary to meet burdens but otherwise discovery is stayed.
- Timing: court must hear the special motion within 60 days of filing (subject to limited discovery or good cause) and rule within 60 days after the hearing.
- Standard for dismissal: court must dismiss with prejudice if (1) the moving party shows the claim is an eligible cause of action, (2) the responding party cannot show the claim is excluded, and (3) either the responding party fails to make a prima facie showing of each essential element or the moving party shows a failure to state a claim/no genuine issue of material fact entitling to judgment.
- Remedies and sanctions: prevailing moving parties may recover costs, attorney fees, and expenses; the act also contemplates sanctions to deter abusive filings.
Who is affected
- Defendants sued for statements or participation tied to governmental proceedings or matters of public concern — individuals, businesses, non-profits, and other legal entities.
- Plaintiffs asserting eligible claims may face earlier dismissal and limits on discovery.
- Several categories of claims and plaintiffs (government actions, specified statutory claims, employment discrimination claims under federal law, routine commercial sales disputes) are carved out and not subject to the special-motion procedure.
Procedural/timeline notes
- Applies prospectively to claims asserted after the act’s effective date.
- Provides tight deadlines (60 days to file the special motion; 60 days to hear; 60 days after hearing to rule) to expedite resolution.
- The House granted immediate effect when passing; final enactment requires Senate concurrence and governor’s signature.
Compiled from official sources — confirm details with the bill’s official record.
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