New Jersey: Anti-SLAPP Laws

The short answer

New Jersey adopted the Uniform Public Expression Protection Act (UPEPA) in
2023, becoming the fifth state to enact the uniform law and the 33rd state
overall to have an anti-SLAPP statute. It lets a defendant sued over a
government-related communication, or the exercise of free speech, press,
assembly, petition, or association rights on a matter of public concern, ask
the court -- by application for an order to show cause -- to dismiss the case
early and recover fees. New Jersey's version departs from the model UPEPA in
one important way: the resulting stay of the case is discretionary, not
automatic, though the statute tilts strongly toward granting one.

Requirements one by one

Governing law

New Jersey's anti-SLAPP law is the Uniform Public Expression Protection Act,
N.J.S.A. 2A:53A-49 to -61. Governor Phil Murphy signed it September 7, 2023
(P.L.2023, c.155, from S2802) after unanimous votes in both chambers, and it
took effect October 7, 2023, applying to civil actions filed or causes of
action asserted on or after that date. Before this, New Jersey had no
anti-SLAPP statute. The statute has not been amended since enactment.

What speech or conduct is protected

The Act covers 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 by such a body; or
the exercise of free speech, free press, assembly, petition, or association
rights guaranteed by the U.S. or New Jersey Constitution on a matter of
public concern. That is the standard, broad UPEPA formulation shared with
other recently-enacting states.

The order to show cause

New Jersey's procedural vehicle isn't called a "special motion" the way
California's or Georgia's are -- it's an "application for an order to show
cause," filed within 60 days after being served with the complaint (or a
crossclaim, counterclaim, or third-party claim), extendable for good cause.
That filing does NOT automatically stay the case the way most other UPEPA
states' statutes do. Instead, the court "may order" a stay of all other
proceedings, including discovery, and the statute directs that "there shall
be a presumption that such a stay shall be granted." A stay, once ordered,
stays in effect until the court lifts it, and the court can allow limited
discovery even during a stay if a party shows specific information is
necessary and not otherwise available.

Burden of proof

Once the movant shows the claim fits the Act's scope and the responding
party fails to show an exemption applies, the responding party must
establish "a prima facie case as to each essential element" of every
challenged claim, or else the movant must show the responding party failed
to state a claim on which relief can be granted, or that there's no genuine
issue of material fact. In ruling, the court may consider the pleadings, the
order-to-show-cause application and supporting certifications, briefs, any
reply or response, and "any evidence that could be considered in ruling on a
motion for summary judgment" -- a broader record than the complaint alone.

Attorney's fees

A prevailing movant is entitled to mandatory court costs, attorney's fees,
and litigation expenses. A prevailing responding party -- one who beats the
application -- only gets fees if the court separately finds the filing was
frivolous or made solely to delay the case. New Jersey adds a wrinkle other
UPEPA states don't spell out as explicitly: if the plaintiff voluntarily
dismisses the challenged claim WITH prejudice, that dismissal itself
establishes that the movant prevailed for fee purposes, even without a
ruling on the merits of the application.

Right to appeal

A denial of the order to show cause, in whole or in part, carries an
automatic right of appeal, with the notice of appeal due within 20 days of
the order. The Act doesn't need a matching provision for a grant, since
dismissing the claim with prejudice is already a final, appealable judgment.

Exemptions

Three categories are exempt: actions against a governmental unit or an
employee or agent acting in an official capacity; actions brought BY a
governmental unit or its employee or agent, acting officially, to enforce a
law protecting against an imminent threat to public health or safety; and
actions against a person primarily in the business of selling or leasing
goods or services, where the claim arises from a communication related to
that sale or lease.

What trips people up

New Jersey's stay is not automatic -- don't assume filing the application
freezes discovery on its own. Most UPEPA and anti-SLAPP states stay the
case the moment the motion is filed. New Jersey instead makes a stay
presumptive but discretionary: the court "may order" one, and while the
statute creates a strong presumption in favor of granting it, a movant still
needs the court to actually enter the stay rather than relying on the
filing itself.

The filing isn't labeled a "special motion" in the statute -- it's an
"application for an order to show cause." Court forms, local rules, and
case captions in New Jersey use that terminology, not "special motion to
strike" or "special motion to dismiss." Searching only for "special motion"
in New Jersey court records or rules will miss the relevant procedure.

A sexual-assault-and-discrimination carve-in is pending, not law. NJ
S2852 (2026 session) would add good-faith reports of sexual offenses or
discrimination-law violations as a fourth protected category and add
compensatory and punitive damages to the fee award. As of this writing it
has only been referred to the Senate Judiciary Committee -- it is not part
of the current statute, and a 2024-2025 predecessor died without a floor
vote.

Common questions

Does filing the application automatically stop discovery? Not
automatically. The court "may order" a stay, and the statute creates a
presumption that it will, but the movant needs the court to actually grant
one -- it isn't self-executing the moment the paperwork is filed.

What do I call this motion in New Jersey court? An "application for an
order to show cause" under the Uniform Public Expression Protection Act,
N.J.S.A. 2A:53A-49 et seq. -- not a "special motion to strike."

What if I lose the application -- do I have to pay the other side's
fees? Only if the court separately finds the application was frivolous or
filed solely to delay the case. An ordinary loss on the merits doesn't by
itself create a fee obligation.

Statutes and sources

• N.J.S.A. 2A:53A-50 — "b. ... this act applies to a cause of action
  asserted in a civil action against a person based on the person's: (1)
  communication in a legislative, executive, judicial, administrative, or
  other governmental proceeding; (2) communication on an issue under
  consideration or review in [such a proceeding]; or (3) exercise of the
  right of freedom of speech or of the press, the right to assembly or
  petition, or the right of association ... on a matter of public concern.
  c. This act does not apply to a cause of action asserted: (1) against a
  governmental unit or an employee or agent of a governmental unit acting or
  purporting to act in an official capacity; (2) 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 (3) 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." Source: https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF
  (accessed 2026-07-05).
• N.J.S.A. 2A:53A-51 — "Not later than 60 days after a party is served
  with a petition or complaint, crossclaim, counterclaim, third-party claim,
  or other pleading that asserts a cause of action to which this act applies
  or at a later time on a showing of good cause, the party may file an
  application for an order to show cause with the court to dismiss the
  cause of action or part of the cause of action." Source:
  https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF (accessed
  2026-07-05).
• N.J.S.A. 2A:53A-52 — "a. ... upon the filing of an application for an
  order to show cause ... the court may order: (1) all other proceedings
  between the moving party and responding party, including discovery and a
  pending hearing or motion, to be stayed; ... (3) In determining whether to
  stay any proceedings, there shall be a presumption that such a stay shall
  be granted." Source: https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF
  (accessed 2026-07-05).
• N.J.S.A. 2A:53A-54 — "In ruling on an order to show cause ..., the
  court may consider the pleadings, the order to show cause application and
  supporting certifications, briefs, any reply or response to the order to
  show cause, and any evidence that could be considered in ruling on a
  motion for summary judgment." Source:
  https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF (accessed
  2026-07-05).
• N.J.S.A. 2A:53A-55 — "a. ... the court shall dismiss with prejudice a
  cause of action, or part of a cause of action, if: (1) the moving party
  established ... that this act applies; (2) the responding party fails to
  establish ... that this act does not apply; and (3) either: (a) the
  responding party fails to establish a prima facie case as to each
  essential element of any cause of action in the complaint; or (b) the
  moving party establishes that: (i) the responding party failed to state a
  cause of action upon which relief can be granted; or (ii) there is no
  genuine issue as to any material fact and the moving party is entitled to
  judgment as a matter of law." Source:
  https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF (accessed
  2026-07-05).
• N.J.S.A. 2A:53A-57 — "A moving party may appeal as a matter of right
  from an order denying, in whole or in part, an order to show cause ... The
  appeal must be filed not later than 20 days after entry of the order."
  Source: https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF (accessed
  2026-07-05).
• N.J.S.A. 2A:53A-58 — "On a motion under section 3 ..., the court shall
  award court costs, reasonable attorney's fees, and reasonable litigation
  expenses related to the order to show cause: (1) to the moving party if
  the moving party prevails ...; or (2) to the responding party if the
  responding party prevails ... and the court finds that the order to show
  cause was frivolous or filed solely with intent to delay the proceeding."
  Source: https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF (accessed
  2026-07-05).
• N.J.S.A. 2A:53A-59 — "This act shall be broadly construed and applied
  to protect the exercise of the right of freedom of speech and of the
  press, the right to assembly and petition, and the right of association,
  guaranteed by the United States Constitution or the New Jersey
  Constitution." Source:
  https://pub.njleg.state.nj.us/Bills/2022/PL23/155_.PDF (accessed
  2026-07-05).