Missouri courts may review certain public speech lawsuits early

A party may ask the court to dismiss a covered claim early. The process covers claims based on communications in government proceedings or related to matters under review there, and certain speech, press, assembly, petition, or association on matters of public concern. The court must dismiss the claim if the moving party shows the law applies, the other side does not show an exception, and the other side fails to establish its case or the moving party meets the stated legal standard. Some claims are excluded, including claims against government units or their agents acting officially, certain government actions to protect public health or safety, and some claims tied to selling or leasing goods or services. A party generally must file the motion within 60 days after being served with the claim, though the court may allow more time for good cause.

Filing the motion pauses many parts of the lawsuit while the court considers it. The pause applies to proceedings between the party bringing the motion and the responding party; in some situations, the court may also pause proceedings involving other parties. The court may allow limited discovery needed to check whether a party has met its burden, and may hear certain unrelated motions or motions to address an imminent public health or safety threat. A motion for costs and expenses is not paused by the stay. The initial pause lasts until the court rules and the time to appeal expires; an appeal keeps proceedings paused until it concludes.

The court must award certain costs and legal fees to the party who wins the motion. The award covers costs, reasonable attorney fees, and reasonable litigation expenses related to the special motion. The court awards the moving party costs, reasonable attorney fees, and reasonable litigation expenses if that party wins. The responding party receives those costs and fees only if it wins and the court finds the motion was frivolous or filed solely to delay the case. These rules apply to civil actions filed, or claims asserted in a civil action, on or after August 28, 2026.