Anti-SLAPP Laws in Indiana

At a glance

Requirements one by one

Coverage

Chapter 34-7-7 applies to an act after June 30, 1998 in furtherance of petition or free speech connected to a public issue or issue of public interest. It excludes specified enforcement actions brought in Indiana's name (§ 34-7-7-1). Section 34-7-7-2 defines covered conduct through petition and free speech; it does not add a separate association category.

Motion and proof

The motion is treated as summary judgment. The court sets a reasonable expedited period, capped at one hundred eighty days, and deadlines for discovery on material issues (§ 34-7-7-9(a)). Filing stays discovery except discovery relevant to the motion (§ 34-7-7-6). The movant must identify the public issue specifically and prove by a preponderance that the challenged act was lawful petition or free-speech activity (§ 34-7-7-9(b), (d)). The statutory defense also requires good faith and a reasonable basis in law and fact (§ 34-7-7-5).

Fees and appeal

A prevailing defendant receives reasonable attorney's fees and costs (§ 34-7-7-7). A plaintiff receives fees and costs to answer a frivolous or delay-only motion (§ 34-7-7-8). The court must act within thirty days after the specified submission of evidence; if it does not, the movant may appeal based on that failure to rule (§ 34-7-7-9(e)-(f)).

What trips people up

The chapter's express appeal provision addresses a missed ruling deadline. It does not itself grant an appeal from every denial (§ 34-7-7-9(f)). The motion procedure does not state a service-based filing deadline; the court instead sets an expedited schedule after filing (§ 34-7-7-9(a)).

Common questions

Can discovery continue after filing? Only discovery relevant to the motion remains outside the stay (§ 34-7-7-6).

Does a claim against a government critic always qualify? The movant must identify the public issue specifically and prove the lawful, good-faith defense on the evidence (§§ 34-7-7-5, -9(b), (d)).

Statutes and sources

• Ind. Code § 34-7-7-1 — “(a) This chapter applies to an act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue or an issue of public interest that arises after June 30, 1998. This chapter does not apply to an action that was filed and is pending before July 1, 1998. (b) This chapter does not apply to an enforcement action brought in the name of the state of Indiana by the attorney general, a prosecuting attorney, or another attorney acting as a public prosecutor.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).
• Ind. Code § 34-7-7-2 — “As used in this chapter, "act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" includes any conduct in furtherance of the exercise of the constitutional right of: (1) petition; or (2) free speech; in connection with a public issue or an issue of public interest.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).
• Ind. Code § 34-7-7-5 — “It is a defense in a civil action against a person that the act or omission complained of is: (1) an act or omission of that person in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue; and (2) an act or omission taken in good faith and with a reasonable basis in law and fact.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).
• Ind. Code § 34-7-7-6 — “All discovery proceedings in the action are stayed upon the filing of a motion to dismiss made under this chapter, except for discovery relevant to the motion.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).
• Ind. Code § 34-7-7-7 — “A prevailing defendant on a motion to dismiss made under this chapter is entitled to recover reasonable attorney's fees and costs.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).
• Ind. Code § 34-7-7-8 — “If a court finds that a motion to dismiss made under this chapter is: (1) frivolous; or (2) solely intended to cause unnecessary delay; the plaintiff is entitled to recover reasonable attorney's fees and costs to answer the motion.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).
• Ind. Code § 34-7-7-9 — “(a) If a person files a motion to dismiss under this chapter, the court in which the motion is filed shall do the following: (1) Treat the motion as a motion for summary judgment. (2) Establish a reasonable time period, not to exceed one hundred eighty (180) days, to expedite and rule on the motion. (3) Specify time limits for the discovery of evidence to respond to material issues raised in the motion. (b) The person who files a motion to dismiss must state with specificity the public issue or issue of public interest that prompted the act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana. (c) The court shall make its determination based on the facts contained in the pleadings and affidavits filed and discovered under the expedited proceeding. (d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana. (e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed. (f) If a court does not act within the thirty (30) days provided in subsection (e), the person filing the motion may appeal the matter based on the court's failure to rule on the motion.” Source: https://iga.in.gov/ic/2026/Title_34/Article_7/Chapter_7.pdf (accessed 2026-10-06).