[§634G-3] Required procedures; motions; stays.

403 words·~2 min read·/hi/634g-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding any law to the contrary, including rules of the court, no later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion to dismiss the cause of action or part of the cause of action.

(b)Except as otherwise provided in this section:

(1)All other proceedings between the moving party and responding party in an action, including discovery and a pending hearing or motion, shall be stayed upon the filing of a motion under subsection (a); and

(2)On motion by the moving party, the court may stay:

(A)A hearing or motion involving another party if the ruling on the hearing or motion would adjudicate a legal or factual issue that is material to the motion under subsection (a); or

(B)Discovery by another party if the discovery relates to the issue.

(c)A stay under subsection

(b)shall remain in effect until entry of an order ruling on the motion filed under subsection

(a)and the expiration of the time to appeal the order.

(d)If a party appeals from an order ruling on a motion filed under subsection (a), all proceedings between all parties in an action shall be stayed. The stay shall remain in effect until the conclusion of the appeal.

(e)During a stay under subsection (b), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the burden imposed by section 634G-6(a) and is not reasonably available without discovery.

(f)A motion for costs and expenses under section 634G-9 shall not be subject to a stay under this section.

(g)A stay under this section shall not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(h)During a stay under this section, the court for good cause may hear and rule on a motion:

(1)Unrelated to the motion under subsection (a); and

(2)Seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. [L 2022, c 96, pt of §2]