Anti-SLAPP Laws in Michigan

At a glance

Requirements one by one

Covered claims and exemptions

MCL 691.1852(1)(d) covers government-proceeding communications, speech on issues under government review, and constitutional expression on a matter of public concern. The last route carries the express public-concern condition. Section 691.1852(2) excludes certain commercial claims and an individual's claims under eleven named state and federal statutes.

Motion, stay, and ruling

A party may file the special motion within 60 days after service of a pleading asserting an eligible claim, or later on a showing of good cause (§ 691.1853). Filing stays other proceedings between the moving and responding parties, including discovery and pending motions, subject to the exceptions in § 691.1854. The court ordinarily hears the motion within 60 days of filing (§ 691.1855) and rules within 60 days after the hearing (§ 691.1858).

Dismissal, fees, and appeal

The court considers pleadings, affidavits, depositions, admissions and other documentary evidence (§ 691.1856). Section 691.1857(1) requires dismissal with prejudice if the movant establishes eligibility, the respondent fails to establish an exemption, and either the respondent lacks a prima facie case on each essential element or the movant shows failure to state a claim or entitlement to judgment as a matter of law.

A prevailing movant receives court costs, reasonable attorney fees and litigation expenses related to the motion. A prevailing respondent receives them only if the motion was frivolous or filed solely to delay (§ 691.1860). The movant may appeal a denial, in whole or part, within 21 days (§ 691.1859).

What trips people up

The commercial-speech exclusion requires both a seller or lessor primarily engaged in that business and a communication related to the sale or lease. The named-statute exclusion applies to claims by an individual under the listed laws (§ 691.1852(2)); its wording is narrower than a blanket exclusion for every lawsuit mentioning employment or civil rights.

Common questions

Can the motion target only part of a case? Yes. Section 691.1853 permits relief for an action "or part of the action," and § 691.1857(1) likewise allows dismissal of part of an action.

Does the Act cover a case started before it took effect? Section 691.1863 applies it to a civil action filed or cause of action asserted on or after March 24, 2026, its effective date. Section 691.1852(1)(d) also defines an eligible cause as one asserted after that date.

Statutes and sources

• MCL 691.1852 — “(d) "Eligible cause of action" means a cause of action asserted after the effective date of this act in a civil action against a person based on any of the following: (i) A communication by the person in a legislative, executive, judicial, administrative, or other governmental proceeding. (ii) A communication by the person on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding. (iii) The person's exercise of the right of freedom of speech or of the press, the right to assemble or petition the government for a redress of grievances, or the right of association, guaranteed by the United States Constitution or the state constitution of 1963 on a matter of public concern. (2) An otherwise eligible cause of action is not an eligible cause of action if 1 or more of the following apply: (a) It is against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. (b) It arises from a claim by an individual for the violation of any of the following: (i) The Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804. (ii) The persons with disabilities civil rights act, 1976 PA 220, MCL 37.1101 to 37.1607. (iii) The whistleblowers' protection act, 1980 PA 469, MCL 15.361 to 15.369. (iv) The worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941. (v) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (vi) Title VII of the civil rights act of 1964, 42 USC 2000e to 2000e-17, including, but not limited to, the pregnancy discrimination act, 42 USC 2000e(k). (vii) Title IX of the education amendments of 1972, 20 USC 1681 to 1689. (viii) The age discrimination in employment act of 1967, 29 USC 621 to 634. (ix) The Americans with disabilities act of 1990, Public Law 101-336. (x) The family and medical leave act of 1993, Public Law 103-3. (xi) The fair labor standards act of 1938, 29 USC 201 to 219.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1852 (accessed 2026-10-06).

• MCL 691.1853 — “Not later than 60 days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts an eligible cause of action, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the action or part of the action.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1853 (accessed 2026-10-06).

• MCL 691.1854 — “(1) Except as otherwise provided in subsections (4) to (6), all of the following apply on the filing of a motion under section 3: (a) All other proceedings between the moving party and the responding party, including discovery and a pending hearing or motion, are stayed.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1854 (accessed 2026-10-06).

• MCL 691.1855 — “(1) The court shall hear a motion under section 3 not later than 60 days after the motion is filed, unless the court orders a later hearing for either of the following reasons: (a) To allow discovery under section 4(4). (b) For other good cause. (2) If the court orders a later hearing under subsection (1)(a), the court shall hear the motion under section 3 not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under subsection (1)(b).” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1855 (accessed 2026-10-06).

• MCL 691.1856 — “In ruling on a motion under section 3, the court shall consider the pleadings, the motion, any reply or response to the motion, affidavits, depositions, admissions, or other documentary evidence.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1856 (accessed 2026-10-06).

• MCL 691.1857 — “(1) In ruling on a motion under section 3, the court shall dismiss with prejudice an action, or part of an action, if all of the following apply: (a) The moving party establishes the cause of action is an eligible cause of action. (b) The responding party fails to establish that the cause of action is not an eligible cause of action under section 2(2). (c) Either of the following applies: (i) The responding party fails to establish a prima facie case as to each essential element of the cause of action. (ii) The moving party establishes either of the following: (A) The responding party failed to state a cause of action on which relief can be granted. (B) There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the action or part of the action.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1857 (accessed 2026-10-06).

• MCL 691.1858 — “The court shall rule on a motion under section 3 not later than 60 days after a hearing under section 5.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1858 (accessed 2026-10-06).

• MCL 691.1859 — “A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under section 3. The appeal must be filed not later than 21 days after entry of the order.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1859 (accessed 2026-10-06).

• MCL 691.1860 — “On a motion under section 3, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion as follows: (a) To the moving party if the moving party prevails on the motion. (b) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1860 (accessed 2026-10-06).

• MCL 691.1863 — “This act applies to a civil action filed or cause of action asserted in a civil action on or after the effective date of this act. History: 2025, Act 52, Eff. Mar. 24, 2026” Source: https://www.legislature.mi.gov/Home/GetObject?ObjectName=mcl-691-1863 (accessed 2026-10-06).