Anti-SLAPP Laws in Montana

At a glance

Requirements one by one

Covered activity and exclusions

Mont. Code Ann. § 27-34-102(1) covers communications in government proceedings, communications about matters under government review, and constitutional expression on a matter of public concern. Subsection (2) excludes three kinds of claim, including specified government actions and sale-related communications by a seller or lessor. The definition of “goods or services” excludes creative, political, journalistic and artistic works (§ 27-34-102(3)(a)).

Motion, stay, and ruling

The special motion is generally due within 60 days after service of a covered pleading, with a good-cause extension available (§ 27-34-103). Filing stays other proceedings between the moving and responding parties, including discovery, subject to § 27-34-104's exceptions. The court ordinarily hears the motion within 60 days (§ 27-34-105) and rules within 60 days after the hearing (§ 27-34-108).

Dismissal, fees, and appeal

The court considers the pleadings, motion, responses, and evidence usable on summary judgment (§ 27-34-106). It dismisses a covered claim or part of one with prejudice when the movant shows coverage, the respondent fails to show an exemption, and either the respondent lacks a prima facie case on each element or the movant establishes failure to state a claim or entitlement to judgment as a matter of law (§ 27-34-107(1)). A prevailing movant receives reasonable costs, fees and litigation expenses; a prevailing respondent receives them only if the motion was frivolous or filed solely to delay (§ 27-34-110).

The movant may appeal a denial in whole or part as of right within 30 days in a private-party case. The deadline is 60 days if the United States, Montana, or a Montana political subdivision is a party (§ 27-34-109).

What trips people up

The protection-order provision in § 27-34-104(8) is an exception to the stay. It says the stay in that section does not apply to a temporary or permanent protection-order action under Title 40, chapter 15. It does not say that the whole anti-SLAPP chapter is unavailable in such an action.

Common questions

Can a motion target only part of a case? Yes. Section 27-34-103 permits a motion to dismiss a civil action or part of one.

Does the stay persist during an appeal? Generally yes. Section 27-34-104(3) stays proceedings between all parties through the appeal, subject to the section's exceptions.

Statutes and sources

• Mont. Code Ann. § 27-34-102(1)-(3) — “(1) Except as otherwise provided in subsection (2), this chapter applies to a claim for relief asserted in a civil action against a person based on the person's: (a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (b) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or (c) exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States constitution or the Montana constitution, on a matter of public concern. (2) This chapter does not apply to a claim for relief asserted: (a) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (b) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (c) against a person primarily engaged in the business of selling or leasing goods or services if the claim for relief arises out of a communication related to the person's sale or lease of the goods or services. (3) As used in this section, the following definitions apply: (a) 'Goods or services' does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0020/0270-0340-0010-0020.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-103 — “Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a civil action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the civil action or part of the civil action.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0030/0270-0340-0010-0030.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-104(1)-(2) — “(1) Except as otherwise provided in subsections (4) through (8), on the filing of a motion under 27-34-103: (a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (b) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under 27-34-103. (2) A stay under subsection (1) remains in effect until entry of an order ruling on the motion under 27-34-103 and expiration of the time under 27-34-109 for the moving party to appeal the order. (3) Except as otherwise provided in subsections (5) through (7), if a party appeals from an order ruling on a motion under 27-34-103, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal. (4) During a stay under subsection (1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under 27-34-107(1) and the information is not reasonably available unless discovery is allowed. (5) A motion under 27-34-110 for costs, attorney fees, and expenses is not subject to a stay under this section. (6) A stay under this section does not affect a party's ability voluntarily to dismiss a civil action or part of a civil action or move to sever a civil action. (7) During a stay under this section, the court for good cause may hear and rule on: (a) a motion unrelated to the motion under 27-34-103; and (b) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. (8) The stay provided for in this section does not apply to actions for a temporary or permanent order of protection as set forth in Title 40, chapter 15.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0040/0270-0340-0010-0040.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-105 — “(1) The court shall hear a motion under 27-34-103 not later than 60 days after filing of the motion unless the court orders a later hearing: (a) to allow discovery under 27-34-104(4); or (b) for other good cause. (2) If the court orders a later hearing under subsection (1)(a), the court shall hear the motion under 27-34-103 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://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0050/0270-0340-0010-0050.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-106 — “In ruling on a motion under 27-34-103, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Montana Rules of Civil Procedure.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0060/0270-0340-0010-0060.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-107(1) — “In ruling on a motion under 27-34-103, the court shall dismiss with prejudice a civil action, or part of a civil action, if: (a) the moving party establishes under 27-34-102(1) that the act applies; (b) the responding party fails to establish under 27-34-102(2) that this chapter does not apply; and (c) either: (i) the responding party fails to establish a prima facie case as to each essential element of the civil action; or (ii) the moving party establishes that: (A) the responding party failed to state a claim upon which relief can be granted; or (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 civil action or part of the civil action.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0070/0270-0340-0010-0070.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-108 — “The court shall rule on a motion under 27-34-103 not later than 60 days after a hearing under 27-34-105.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0080/0270-0340-0010-0080.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-109 — “A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under 27-34-103. The appeal must be filed not later than 30 days after entry of the order in a civil action between private parties, and not later than 60 days after entry of the order in a civil action to which the United States or the state of Montana or a political subdivision is a party.” Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0090/0270-0340-0010-0090.html (accessed 2026-10-06).

• Mont. Code Ann. § 27-34-110 — “On a motion under 27-34-103, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion: (1) to the moving party if the moving party prevails on the motion; or (2) 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://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0100/0270-0340-0010-0100.html (accessed 2026-10-06).