Idaho has made significant progress in adopting anti-SLAPP legislation, an essential safeguard against meritless and retaliatory lawsuits. SB 1001, introduced in the Idaho Senate in mid-January, will ensure that those who find themselves hit with a SLAPP suit have a streamlined process to a dismissal. The bill, also known as the Uniform Public Expression Protection Act, will now be delivered to Idaho Governor Little after receiving unanimous approval by the Idaho House of Representatives last week.
Under SB 1001, SLAPP defendants can file a special motion for expedited relief, which effectively stays all other lengthy and burdensome litigation procedures. The motion is entitled to a speedy hearing within 60 days, and a ruling from the court is required within another 60 days.
The bill requires courts to dismiss these claims with prejudice once they are found meritless—when plaintiffs cannot show a genuine dispute of material fact exists or are unable to prove that the anti-SLAPP statute doesn’t apply. Defendants are awarded attorney fees and litigation expenses if victorious, a critical deterrent against filing SLAPP lawsuits.