Anti-SLAPP Laws in Arizona

At a glance

Requirements one by one

Governing law

The current special motion is in § 12-751. The 2022 act renumbered former § 12-752 as § 12-751 and amended it; the old number is a historical reference, not a separate motion today.

Protected activity and covered actions

Section 12-751(A) covers lawful exercise of petition, speech, press, association, and assembly rights. For civil cases, the definition of “legal action” in subsection (J) reaches claims and counterclaims for damages other than nominal damages. The statute also lists certain prosecutions, investigative demands, and regulatory proceedings; those are outside this survey's civil focus.

Filing and the first finding

The motion may be filed within sixty days after service of the complaint or other document on which it is based. A court can allow a later motion on terms it considers proper. The movant must first establish prima facie proof that the action was substantially motivated by a desire to deter, retaliate against, or prevent the protected activity. The other party need not respond until the court makes that finding and orders a response (§ 12-751(B), (D)).

What the respondent must show

If the threshold is met, the court grants the motion unless a non-state-actor respondent shows the action is justified by existing law or a reasonable argument to extend or modify it. A state-actor respondent must show clearly established law and no purpose to deter, prevent, or retaliate (§ 12-751(B)).

Fees and appeal

A successful movant may receive costs and reasonable attorney fees. A frivolous or solely delay-oriented motion instead requires an award to the prevailing party on that motion. An order granting or denying the motion is appealable under § 12-2101(A)(5)(e) only after the court finds the threshold prima facie proof (§ 12-751(F), (H)).

What trips people up

Filing the motion alone does not stay discovery. The stay starts when the court finds prima facie proof, and the court may permit specified discovery on noticed motion and good cause (§ 12-751(E)). A defendant should account for the normal discovery schedule until that finding occurs.

Common questions

Can the court consider evidence at this stage? Yes. The movant may submit the record, a sworn affidavit, or other evidence, and the court may hold an evidentiary hearing or consider the pleadings and supporting affidavits (§ 12-751(B)-(C)).

Does denial settle the later merits standard? No. Subsection (G) excludes the denial and supporting findings as evidence in a later stage or action and leaves the otherwise applicable burden and degree of proof unchanged.

Statutes and sources

• A.R.S. § 12-751(A) — “In any legal action that involves a person's lawful exercise of the right of petition, the right of speech, the freedom of the press, the right to freely associate or the right to peaceably assemble pursuant to the United States Constitution or Arizona Constitution, the person other than a state actor or an intervenor may file a motion to dismiss or quash the action under this section.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(B) — “A person who files a motion pursuant to subsection A of this section has the burden of establishing prima facie proof that the legal action was substantially motivated by a desire to deter, retaliate against or prevent the lawful exercise of a constitutional right. The moving person may submit evidence based on the record, a sworn affidavit or other evidence that is submitted with the motion to dismiss or quash. A party is not required to file a response to a motion filed pursuant to subsection A of this section unless and until the court finds that the moving party has established the prima facie proof and orders the party to file a response. The court shall grant the motion unless one of the following applies: 1. If the responding party is a state actor, the responding party shows that the legal action on which the motion is based is justified by clearly established law and that the responding party did not act in order to deter, prevent or retaliate against the moving party's exercise of constitutional rights. A state actor may satisfy the requirements of this paragraph by doing any of the following: (a) Establishing that the person who initiated and conducted an investigation that resulted in the legal action and that made the decision to pursue the legal action was unaware of the movant's lawful exercise of the constitutional right. (b) Establishing that the state actor has a consistent practice of pursuing similar legal actions against similarly situated persons who did not lawfully exercise constitutional rights. (c) Producing any other evidence that the court finds sufficient. 2. If the responding party is not a state actor, the responding party shows that the legal action on which the motion is based is justified by existing law or supported by a reasonable argument for extending or modifying existing law.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(C) — “In making its determination, the court shall conduct an evidentiary hearing or consider the pleadings and supporting and opposing affidavits stating facts on which the liability, defense or action is based.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(D) — “The motion to dismiss or quash may be filed within sixty days after the service of the complaint or other document on which the motion is based or, in the court's discretion, at any later time on terms that the court deems proper, including a later time after there is actual notice of a party's misconduct. If the court finds that prima facie proof has been established as prescribed in subsection B of this section, the court, if possible, shall conduct an expedited hearing on the motion.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(E) — “Unless a court rule specifically provides otherwise, all discovery proceedings in the action shall be stayed on a finding of prima facie proof as prescribed in subsection B of this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. Notwithstanding this subsection, the court, on noticed motion and for good cause shown, may order that specified discovery be conducted.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(F) — “If the court grants the motion to dismiss or quash, the court may award the moving party costs and reasonable attorney fees, including those incurred for the motion. If the court finds that a motion to dismiss or quash is frivolous or solely intended to delay, the court shall award costs and reasonable attorney fees to the prevailing party on the motion. For the purposes of this subsection, "costs" means all costs that are reasonably incurred and includes filing fees, record preparation and document copying fees, documented time away from employment to confer with counsel or attend case related proceedings, expert witness fees, travel expenses and any other costs that the court deems appropriate.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(G) — “If the court denies the motion to dismiss or quash, the denial and the court's findings in support of the denial are not admissible in evidence at any later stage of the case, or in any subsequent action, and the burden of proof or degree of proof that is otherwise applicable is not affected by the findings in any later stage of the case or in any subsequent proceeding.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(H) — “If the court determines that the moving party has established prima facie proof as prescribed in subsection B of this section, an order granting or denying a motion filed pursuant to this section is appealable pursuant to section 12-2101.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(I) — “This article does not: 1. Affect, limit or preclude the right of the moving party to any remedy otherwise authorized by law. 2. Create any privileges or immunities or otherwise affect, limit or preclude any privileges or immunities authorized by law. 3. Limit or preclude a legislative or executive body or a public agency from enforcing the rules of procedure and rules of order of the body or agency.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-751(J) — “J. For the purposes of this section: 1. "Legal action": (a) Means any of the following: (i) Any civil action, claim, cross-claim or counterclaim for damages other than nominal damages. (ii) Any criminal prosecution, except for a drug trafficking offense included in title 13, chapter 34 or 34.1, a riot or a serious offense or violent or aggravated felony as defined in section 13-706. (iii) Any written investigative demand pursuant to section 38-431.06 or other compulsory legal process or any regulatory or administrative action by a state actor. (b) Does not include a motion filed pursuant to subsection A of this section. 2. "State actor" means any of the following: (a) This state and any county, city, town or political subdivision of this state. (b) Any branch, department, board, bureau, commission, council or committee of an entity included in subdivision (a) of this paragraph. (c) Any officer, employee or other agent of an entity included in subdivision (a) of this paragraph who is acting in the officer's, employee's or agent's official capacity.” Source: https://www.azleg.gov/ars/12/00751.htm (accessed 2026-10-06).
• A.R.S. § 12-2101(A)(5)(e) — “(e) Granting or denying a motion to dismiss or quash pursuant to section 12-751, unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B. The court of appeals shall expedite any appeal filed pursuant to this subdivision unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise.” Source: https://www.azleg.gov/ars/12/02101.htm (accessed 2026-10-06).
• A.R.S. § 12-752 (renumbered by 2022 Ariz. Sess. Laws ch. 267, § 2) — “Sec. 2. Section 12-752, Arizona Revised Statutes, is renumbered as section 12-751 and, as so renumbered, is amended to read:” Source: https://www.azleg.gov/legtext/55leg/2R/laws/0267.pdf (accessed 2026-10-06).