Anti-SLAPP Laws in North Dakota

Short answer North Dakota has no general anti-SLAPP special-motion statute. The current Century Code provides a general frivolous-claim cost and attorney-fee rule, but it does not create an expedited speech-case dismissal procedure. A 2026 Supreme Court opinion recounts a district court's observation that North Dakota does not recognize a SLAPP or anti-SLAPP action; the appeal itself concerned an injunction against foreign litigation (N.D.C.C. § 28-26-01(2); Energy Transfer LP v. Gion, 2026 ND 93).
State
North Dakota
Statute checked
October 7, 2026
Sources
2 statutes

At a glance

Governing lawNo general anti-SLAPP special-motion statute identified; general frivolous-claim costs in N.D.C.C. § 28-26-01(2)
What speech/conduct is protectedNo special statutory protected-activity definition or threshold (current Century Code; Energy Transfer LP v. Gion, 2026 ND 93 ¶ 29)
Special motion to strike/dismissNo special speech-case motion; ordinary civil procedure applies (current Century Code; Gion ¶ 29)
Burden of proofNo anti-SLAPP threshold burden; ordinary civil-case standards apply (current Century Code)
Attorney's feesGeneral frivolous-claim costs and reasonable attorney fees if statutory conditions are met (§ 28-26-01(2))
Appeal rightsN/A; ordinary civil appeal procedures
ExemptionsN/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.

N.D.C.C. § 28-26-01(2) · 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.

What does North Dakota law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current North Dakota law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace