Anti-SLAPP Laws in North Dakota
At a glance
| Governing law | No general anti-SLAPP special-motion statute identified; general frivolous-claim costs in N.D.C.C. § 28-26-01(2) |
|---|---|
| What speech/conduct is protected | No special statutory protected-activity definition or threshold (current Century Code; Energy Transfer LP v. Gion, 2026 ND 93 ¶ 29) |
| Special motion to strike/dismiss | No special speech-case motion; ordinary civil procedure applies (current Century Code; Gion ¶ 29) |
| Burden of proof | No anti-SLAPP threshold burden; ordinary civil-case standards apply (current Century Code) |
| Attorney's fees | General frivolous-claim costs and reasonable attorney fees if statutory conditions are met (§ 28-26-01(2)) |
| Appeal rights | N/A; ordinary civil appeal procedures |
| Exemptions | N/A; ordinary civil procedure |
Requirements one by one
Ordinary procedure and costs
The current North Dakota Century Code contains no general anti-SLAPP special-motion statute. A defendant sued over speech therefore uses ordinary civil procedure; this survey has no special statutory speech threshold, discovery stay, filing deadline, mandatory anti-SLAPP fee award, or appeal route to report for the state. N.D.C.C. § 28-26-01(2) instead provides a general civil-case rule: on a finding that a claim for relief was frivolous, the court awards the prevailing party reasonable actual and statutory costs, including reasonable attorney's fees, if the statutory conditions are met. The prevailing party must have alleged frivolousness in a responsive pleading.
What trips people up
In Energy Transfer LP v. Gion, 2026 ND 93 ¶ 29, the Supreme Court recounts the district court's observation that North Dakota does not recognize a SLAPP or anti-SLAPP action. The Supreme Court called the district court's use of that difference an error in analyzing whether to enjoin a Dutch lawsuit; it was deciding a foreign-litigation injunction, rather than creating a North Dakota anti-SLAPP remedy.
Common questions
Can a defendant file a special anti-SLAPP motion? The current Century Code identifies no such motion. Ordinary procedural motions remain available under the rules governing the case.
Can a prevailing defendant recover fees for a frivolous claim? Under § 28-26-01(2), the court must award reasonable costs and fees after the required frivolousness finding and responsive-pleading allegation.
Statutes and sources
- N.D.C.C. § 28-26-01(2) — general frivolous-claim costs. https://ndlegis.gov/cencode/T28C26.pdf (accessed 2026-10-07)
- Energy Transfer LP v. Gion, 2026 ND 93 ¶ 29 — account of the district court's SLAPP observation and the Supreme Court's analysis. https://www.ndcourts.gov/supreme-court/opinions/210821 (accessed 2026-10-07)
Source links
Every statute quoted above, linked, with the date we checked it.
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