South Dakota law lets speakers seek early dismissal of covered claims

A party may ask the court to quickly dismiss all or part of a covered claim. The procedure covers claims against a person based on speech or other protected activity on a matter of public concern. It excludes claims against government workers acting officially, certain government actions to address an immediate health or safety threat, and some claims tied to selling or leasing goods or services. A party may file the motion later than the usual deadline if the court finds good cause. The motion is generally due within 60 days after the party is served with the claim. The court may allow a later filing for good cause.

Filing the motion pauses most proceedings while the court considers it. The pause first covers proceedings between the party filing the motion and the party responding. If a party appeals the court’s ruling, proceedings between all parties are paused. The court may allow limited discovery when specific information needed to decide whether a party met its burden is not reasonably available otherwise. The court may hear unrelated motions and motions for a special or preliminary injunction to address an immediate threat to public health or safety. The pause lasts until the court rules and the time to appeal expires. If a party appeals, the pause lasts until the appeal ends.

The court must dismiss a claim with prejudice if the required tests are met, and must award certain costs and fees to the party that wins the motion. These rules apply when the court decides a motion under this chapter. A voluntary dismissal without prejudice does not prevent the moving party from seeking a ruling and costs or fees. The moving party must show the chapter applies, and the responding party must fail to show that it does not apply. The responding party must also fail to show a basic case for every required element, or the moving party must show that the claim lacks legal support under the stated tests. The responding party may receive costs, reasonable attorney fees, and reasonable litigation expenses only if it wins and the court finds the motion frivolous or filed solely to delay.