Anti-SLAPP Laws in New Jersey

Short answer Yes. Under New Jersey's Uniform Public Expression Protection Act, a defendant may apply for an order to show cause within 60 days after service of a covered claim, subject to a good-cause extension. A stay requires a court order, although the statute presumes one should be granted. A successful application dismisses the claim with prejudice and brings a mandatory award of costs, reasonable attorney's fees, and litigation expenses.
State
New Jersey
Statute checked
October 6, 2026
Sources
10 statutes
Pending legislation could change this.
NJ S2852 (2026) (Introduced January 13, 2026 and referred to the Senate Judiciary Committee; no later action was recorded through October 6, 2026. A substantially identical predecessor (2024-2025 session) passed an Assembly committee unanimously in January 2025 but was never enacted.): Would add a fourth protected category for a report or complaint made in good faith and without malice, with a reasonable basis, concerning a sexual offense, a Law Against Discrimination violation, or retaliation for making such a report. It would also add compensatory and punitive damages to the prevailing-party remedy. track it Status checked October 6, 2026.

At a glance

Governing lawN.J.S.A. §§ 2A:53A-49 to -61, Uniform Public Expression Protection Act; P.L.2023, c.155, § 14 made it applicable to actions filed or claims asserted from 2023-10-07; current compilation shows the original 2023 enactment
What speech/conduct is protectedBroad: a cause of action based on a communication in a legislative, executive, judicial, administrative, or other governmental proceeding; a communication on an issue under consideration or review in one; or the exercise of free speech, press, assembly, petition, or association rights on a matter of public concern (N.J.S.A. 2A:53A-50(b))
Special motion to strike/dismissNot called a 'special motion': an 'application for an order to show cause' filed within 60 days of service (N.J.S.A. 2A:53A-51); unlike most UPEPA states the resulting stay is NOT automatic: the court 'may order' a stay, but 'there shall be a presumption that such a stay shall be granted' (N.J.S.A. 2A:53A-52)
Burden of proofMovant shows the Act applies; responding party must then show an exemption applies or establish 'a prima facie case as to each essential element' of the claim, or else the movant shows failure to state a claim or no genuine issue of material fact (N.J.S.A. 2A:53A-55); the court may consider anything admissible on summary judgment, not just the pleadings (N.J.S.A. 2A:53A-54)
Attorney's feesMandatory court costs, attorney's fees, and litigation expenses to a prevailing movant; mandatory fees to a prevailing responding party only if the court finds the order to show cause was frivolous or filed solely to delay (N.J.S.A. 2A:53A-58); a plaintiff's voluntary dismissal WITH prejudice counts as the movant prevailing for fee purposes (N.J.S.A. 2A:53A-55(c))
Appeal rightsThe moving party may appeal a denial (in whole or in part) as a matter of right, within 20 days of the order (N.J.S.A. 2A:53A-57); the Act provides no special appeal rule for a grant
ExemptionsThree categories (N.J.S.A. 2A:53A-50(c)): actions against a governmental unit or an official acting in an official capacity; actions BY a governmental unit to enforce a law protecting against an imminent threat to public health or safety; and commercial-speech actions against a person primarily in the business of selling or leasing goods or services, arising from a related communication

Requirements one by one

Governing law

New Jersey's Uniform Public Expression Protection Act is N.J.S.A. §§ 2A:53A-49 to -61. P.L.2023, c.155, § 14 says, "This act shall take effect on the 30th day after enactment," making October 7, 2023 the effective date for actions filed or causes of action asserted from then.

Protected activity

Under N.J.S.A. § 2A:53A-50(b), covered claims arise from communications in government proceedings, communications about matters under government review, or constitutional speech, press, assembly, petition, or association activity on a matter of public concern. Subsection (c) states three exclusions: claims against officials acting officially, government enforcement against an imminent public-health or safety threat, and specified seller or lessor communications.

Order to show cause and stay

N.J.S.A. § 2A:53A-51 allows an application within 60 days after service of a covered pleading, or later for good cause. Filing alone does not freeze discovery. Under § 2A:53A-52(a), the court may order a stay, and "there shall be a presumption that such a stay shall be granted."

Dismissal standard

N.J.S.A. § 2A:53A-55(a) directs dismissal with prejudice if the movant shows the Act applies, the respondent does not establish an exclusion, and the respondent fails to make "a prima facie case as to each essential element" or the movant establishes a failure to state a claim or entitlement to judgment as a matter of law without a genuine material-fact issue.

Fees and appeal

N.J.S.A. § 2A:53A-58 requires costs, reasonable fees, and litigation expenses for a successful applicant. A successful respondent receives them only if the application was frivolous or filed solely to delay. Under § 2A:53A-57, a movant may appeal a partial or complete denial as of right within 20 days.

What trips people up

The stay is presumptive but requires an order under N.J.S.A. § 2A:53A-52(a). The application itself does not suspend other proceedings. Also, § 2A:53A-55(c) treats a claimant's voluntary dismissal with prejudice as a win for the movant when fees are decided.

Common questions

Does a withdrawal without prejudice end the fee request? No. N.J.S.A. § 2A:53A-55(b) preserves the movant's ability to seek a ruling and costs, fees, and expenses.

Can the court consider material beyond the complaint? Yes. N.J.S.A. § 2A:53A-54 permits supporting certifications, briefs, responses, and evidence usable on summary judgment.

Statutes and sources

The quoted sections are from P.L.2023, c.155, accessed October 6, 2026, and checked against the current official Title 2A compilation.

Source links

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

P.L.2023, c.155, § 14 · accessed 2026-10-06
N.J.S.A. 2A:53A-50 · accessed 2026-10-06
N.J.S.A. 2A:53A-51 · accessed 2026-10-06
N.J.S.A. 2A:53A-52 · accessed 2026-10-06
N.J.S.A. 2A:53A-54 · accessed 2026-10-06
N.J.S.A. 2A:53A-55 · accessed 2026-10-06
N.J.S.A. 2A:53A-55(b)-(c) · accessed 2026-10-06
N.J.S.A. 2A:53A-57 · accessed 2026-10-06
N.J.S.A. 2A:53A-58 · accessed 2026-10-06
N.J.S.A. 2A:53A-59 · accessed 2026-10-06
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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