Anti-SLAPP Laws in New Hampshire

Short answer New Hampshire has no general anti-SLAPP special-motion statute. In a 1994 advisory opinion, the Supreme Court justices concluded that the particular motion proposed in SB 661 would violate the state civil jury-trial guarantee by asking a judge to decide disputed facts. That opinion addressed the proposed bill, rather than every possible future statute. Current RSA 507:15 separately permits a court hearing a contract or tort action to award reasonable costs and attorney fees plus $1,000 when an action or defense clearly appears frivolous or intended to harass or intimidate.

State

New Hampshire

Statute checked

October 7, 2026

Sources

2 statutes

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At a glance

Governing law	No general anti-SLAPP special-motion statute identified; RSA 507:15 provides a general frivolous-action remedy, and the 1994 advisory opinion addressed proposed SB 661.
What speech/conduct is protected	N/A; no special statutory protected-activity threshold.
Special motion to strike/dismiss	N/A; no special speech-case motion, statutory filing window, or automatic discovery stay. Ordinary civil motions govern.
Burden of proof	N/A; no anti-SLAPP threshold burden. The 1994 advisory opinion objected to SB 661's proposed probability-of-prevailing test because it required a judge to resolve disputed facts.
Attorney's fees	No anti-SLAPP-specific fee rule. Under RSA 507:15, the court may award reasonable costs and attorney fees plus $1,000 to the prevailing party if a contract or tort action or defense clearly appears frivolous or intended to harass or intimidate.
Appeal rights	N/A; no special anti-SLAPP appeal route.
Exemptions	N/A; no anti-SLAPP statute from which to carve exemptions.

Ordinary procedure and costs

Without a special anti-SLAPP motion, a defendant sued over speech uses ordinary civil procedure. There is no speech-specific statutory filing deadline, discovery stay, threshold burden, fee award, or immediate appeal route to invoke. RSA 507:15 instead addresses frivolous or harassing contract and tort actions and defenses. Its remedy is discretionary and requires the finding described in the statute; prevailing in a speech case alone does not trigger it.

What trips people up

The 1994 Opinion of the Justices (SLAPP Suit Procedure) considered SB 661's proposed procedure. The justices said its probability-of-prevailing test required the judge to weigh competing pleadings and affidavits and decide disputed facts that a jury would otherwise decide. Their answer was that this proposed procedure violated Part I, Article 20 of the New Hampshire Constitution. The opinion did not decide the constitutionality of every design a later legislature might consider.

Common questions

Can I file the motion described in SB 661? No. It was a proposed bill considered in the 1994 advisory opinion, not a procedure enacted in RSA chapter 507.

Can I seek costs and attorney fees for a frivolous suit? RSA 507:15 allows a court hearing a contract or tort action to award reasonable costs and attorney fees plus $1,000 when the statute's frivolousness or harassment condition is met. The court may act on the prevailing party's motion or its own motion.

Statutes and sources

RSA 507:15, "Penalties for Frivolous Actions" — current official text, accessed 2026-10-07: https://gc.nh.gov/rsa/html/LII/507/507-15.htm
Opinion of the Justices (SLAPP Suit Procedure), 138 N.H. 445, 641 A.2d 1012 (1994) — advisory opinion on SB 661, accessed 2026-10-07: https://law.justia.com/cases/new-hampshire/supreme-court/1994/138-nh-445.html

Source links

Every statute quoted above, linked, with the date we checked it.

RSA 507:15 · accessed 2026-10-07

Opinion of the Justices (SLAPP Suit Procedure), 138 N.H. 445, 641 A.2d 1012, 1015 (1994) · accessed 2026-10-07

This page is general legal information about a state's anti-SLAPP statute and its special motion procedure, not legal advice about your lawsuit. Whether specific speech or conduct qualifies for protection, and whether a motion will succeed, depends on case-specific facts and the state's case law interpreting the statute, neither of which this page covers. This is also one of the fastest-moving areas of state law right now, with several states enacting or amending an anti-SLAPP statute within the last two years. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

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