Anti-SLAPP Laws in New Jersey
At a glance
| Governing law | N.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 protected | Broad: 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/dismiss | Not 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 proof | Movant 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 fees | Mandatory 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 rights | The 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 |
| Exemptions | Three 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.
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