Anti-SLAPP Laws in Oregon

At a glance

Requirements one by one

What the motion covers

ORS 31.150(2) includes statements in or about government proceedings, statements in public places or forums on issues of public interest, and other constitutional expression connected to a public issue. A separate category covers a statement about an incident of sexual assault made in good faith with an objectively reasonable belief that it occurred. Certain sale-related communications and official enforcement actions are excluded (ORS 31.150(3); ORS 31.155(1)).

Timing and discovery

The defendant generally has 60 days after service to file, although the court may allow a later motion. A hearing ordinarily follows within 30 days. Filing stays discovery until entry of judgment, subject to a good-cause exception for specified discovery (ORS 31.152(1)-(2)).

Proof, fees, and appeal

The defendant first makes a prima facie showing that the claim arises from covered activity. The plaintiff then must show a probability of prevailing by presenting substantial evidence for a prima facie case (§ 31.150(4)). For a defamation claim based on the sexual-assault category, the plaintiff must also show a probability that the defendant acted with malice (§ 31.150(5)). A grant produces a dismissal without prejudice; a denial produces a limited judgment (§ 31.150(1)).

A prevailing defendant receives reasonable fees and costs. A prevailing plaintiff receives them only when the motion is frivolous or solely meant to cause unnecessary delay (§ 31.152(3)). The moving party may appeal a denial as of right (§ 31.152(5)).

What trips people up

The sexual-assault category has two distinct screens: the statement must have been made in good faith with an objectively reasonable belief, and a plaintiff alleging defamation based on that category must show probable malice. The second screen is additional to the substantial-evidence test (§ 31.150(2)(b), (5)).

Common questions

Can the motion target one claim in a larger case? Yes. Section 31.150(1) authorizes a special motion against "a claim in a civil action."

Can the court consider affidavits? Yes. Section 31.150(6) directs the court to consider pleadings and supporting and opposing affidavits stating the facts on which liability or a defense rests.

Statutes and sources

• ORS 31.150(1)-(2) — “(1) A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) or (5) of this section that there is a probability that the plaintiff will prevail on the claim. The special motion to strike shall be treated as a motion to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon granting the special motion to strike, the court shall enter a judgment of dismissal without prejudice. If the court denies a special motion to strike, the court shall enter a limited judgment denying the motion. (2) A special motion to strike may be made under this section against any claim in a civil action that arises out of: (a)(A) Any oral statement made, or written statement or other document submitted, in a legislative, executive or judicial proceeding or other proceeding authorized by law; (B) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive or judicial body or other proceeding authorized by law; (C) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or (D) Any other conduct in furtherance of the exercise of the constitutional right of assembly, petition or association or the constitutional right of free speech or freedom of the press in connection with a public issue or an issue of public interest; or (b) Any oral statement made, or written statement or other document presented, regarding an incident of sexual assault committed against an individual, if the statement or document is made or presented in good faith and with an objectively reasonable belief that the incident of sexual assault occurred.” Source: https://www.oregonlegislature.gov/bills_laws/ors/ors031.html (accessed 2026-10-06).

• ORS 31.150(3)-(6) — “(3) A special motion to strike may not be made against a claim under this section against a person primarily engaged in the business of selling or leasing goods or services if the claim arises out of a communication related to the person�s sale or lease of the goods or services. (4) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection (2) of this section. Except as provided in subsection (5) of this section, if the defendant meets this burden, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case. If the plaintiff meets this burden, the court shall deny the motion. (5) In addition to the requirements of subsection (4) of this section, if the special motion to strike is against a claim of defamation and the defendant meets the initial burden of making a prima facie showing that the defamation claim arises out of a statement, document or conduct described in subsection (2)(b) of this section, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case, and that there is a probability that the defendant acted with malice in making the communication. If the plaintiff meets this burden, the court shall deny the motion. (6) In making a determination under subsection (1) of this section, the court shall consider pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.” Source: https://www.oregonlegislature.gov/bills_laws/ors/ors031.html (accessed 2026-10-06).

• ORS 31.152(1)-(2) — “(1) A special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court�s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing. (2)(a) All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150. The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection.” Source: https://www.oregonlegislature.gov/bills_laws/ors/ors031.html (accessed 2026-10-06).

• ORS 31.152(3) — “A defendant who prevails on a special motion to strike made under ORS 31.150 shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike.” Source: https://www.oregonlegislature.gov/bills_laws/ors/ors031.html (accessed 2026-10-06).

• ORS 31.152(5)-(6) — “(5) A moving party may appeal as a matter of right from an order denying, in whole or in part, a special motion to strike under ORS 31.150. The appeal must be filed in accordance with ORS 19.205. (6) The purpose of the procedure established by this section and ORS 31.150 and 31.155 is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS 31.150 (4). This section and ORS 31.150 and 31.155 are to be liberally construed in favor of the exercise of the rights described in ORS 31.150 (2).” Source: https://www.oregonlegislature.gov/bills_laws/ors/ors031.html (accessed 2026-10-06).

• ORS 31.155 — “(1) ORS 31.150 and 31.152 do not apply to an action brought by the Attorney General, a district attorney, a county counsel or a city attorney acting in an official capacity. (2) ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS 31.150 (2) and do not affect the substantive law governing those claims.” Source: https://www.oregonlegislature.gov/bills_laws/ors/ors031.html (accessed 2026-10-06).