LRB-0299/1
MJL:kjf&kmg:jf
2003 - 2004 LEGISLATURE
March 20, 2003 - Introduced by Senator Risser, cosponsored by Representatives
Berceau, Schneider, Boyle, Pocan, J. Lehman and Miller. Referred to
Committee on Judiciary, Corrections and Privacy.
SB80,1,4
1An Act to amend 802.06 (1); and
to create 802.06 (6m) and 808.03 (1m) of the
2statutes;
relating to: creating a special motion to strike a claim in a civil action
3that arises from the exercise of free speech or the right to petition the
4government.
Analysis by the Legislative Reference Bureau
Current law permits a party in a civil action to move to strike a pleading that
contains an insufficient defense or redundant, immaterial, impertinent, scandalous,
or indecent matter.
This bill allows a defendant in a civil action to move to strike a claim that arises
solely from the defendant's exercise of his or her constitutional right to free speech
or to petition the government. If the defendant so moves, he or she is not required
to file a responsive pleading unless the court denies the motion. Either party has the
right to appeal an order granting or denying the motion to the Court of Appeals.
Finally, a party who files or opposes a motion to strike must file copies of
relevant papers with the Director of State Courts, who must report to the legislature
by January 1, 2005, the number of motions filed and their outcomes.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB80, s. 1
1Section
1. 802.06 (1) of the statutes is amended to read:
SB80,2,202
802.06
(1) When presented. Except as provided in sub. (1m)
or (6m) or when
3a court dismisses an action or special proceeding under s. 802.05 (3), a defendant
4shall serve an answer within 45 days after the service of the complaint upon the
5defendant. Except as provided in sub. (1m), if a guardian ad litem is appointed for
6a defendant, the guardian ad litem shall have 45 days after appointment to serve the
7answer. A party served with a pleading stating a cross-claim against the party shall
8serve an answer thereto within 45 days after the service upon the party. The plaintiff
9shall serve a reply to a counterclaim in the answer within 45 days after service of the
10answer. The state or an agency of the state or an officer, employee
, or agent of the
11state shall serve an answer to the complaint or to a cross-claim or a reply to a
12counterclaim within 45 days after service of the pleading in which the claim is
13asserted. If any pleading is ordered by the court, it shall be served within 45 days
14after service of the order, unless the order otherwise directs. The service of a motion
15permitted under sub. (2) alters these periods of time as follows, unless a different
16time is fixed by order of the court: if the court denies the motion or postpones its
17disposition until the trial on the merits, the responsive pleading shall be served
18within 10 days after notice of the court's action; or if the court grants a motion for a
19more definite statement, the responsive pleading shall be served within 10 days after
20the service of the more definite statement.
SB80, s. 2
21Section
2. 802.06 (6m) of the statutes is created to read:
SB80,2,2522
802.06
(6m) Motion to strike; other. (a) Within the time required for a
23responsive pleading, the defendant may move to strike any claim that arises solely
24from the defendant's exercise, under either the U.S. or Wisconsin constitution, of free
25speech or the right to petition the government.
SB80,3,6
1(b) The court shall schedule a hearing on the motion under par. (a) within 30
2days after the filing of the motion and shall examine the pleadings and all supporting
3or opposing affidavits in deciding the motion. The filing of a motion under par. (a)
4automatically tolls the time for a responsive pleading from the date on which the
5motion is filed until the court disposes of the motion by order. While the motion is
6pending, all discovery is stayed.
SB80,3,147
(c) A party who files a motion to strike under par. (a) and a party who opposes
8the motion shall send to the director of state courts, by mail or facsimile
9transmission, a copy of the motion or response to the motion, a copy of any order
10issued under par. (b), and a copy of any notice of appeal of an order issued under par.
11(b). The director of state courts shall maintain a public record, as defined in s. 19.32
12(2), of information transmitted under this paragraph for at least 3 years and shall,
13by January 1, 2005, report to the legislature under s. 13.172 (2) the number of
14motions filed under this subsection and their outcomes.
SB80, s. 3
15Section
3. 808.03 (1m) of the statutes is created to read:
SB80,3,1716
808.03
(1m) Appeals as of right; other. An order entered under s. 802.06 (6m)
17(b) may be appealed as a matter of right to the court of appeals.
SB80,3,2019
(1) This act first applies to actions commenced on the effective day of this
20subsection.
