Anti-SLAPP Laws in Vermont

At a glance

Requirements one by one

Governing law

Vermont enacted its anti-SLAPP statute as 12 V.S.A. § 1041 through 2005 No. 134 (Adj. Sess.), § 2. The legislature amended it through 2023 No. 14, § 2, effective May 10, 2023, to add an exemption tied to the state's newly enacted reproductive- and gender-affirming-care shield law.

What speech or conduct is protected

The statute protects the exercise of free speech or petition rights "in connection with a public issue," defined broadly across four categories: statements made before a legislative, executive, or judicial proceeding; statements made in connection with an issue under consideration or review by such a body; statements on an issue of public interest made in a public forum or place open to the public; and any other conduct on a public issue or issue of public interest that furthers the exercise of free speech or petition rights.

The special motion to strike

A defendant must file and serve the special motion to strike within 60 days of the complaint being filed. The plaintiff then has 15 days to respond. The court can extend either deadline for good cause. Filing the motion automatically stays all discovery until the court rules, though a party can ask the court to allow limited discovery for good cause while the motion is pending. The court must hold a hearing on the motion within 30 days of when it was served, absent good cause for an extension.

Burden of proof

Vermont's test is unusually favorable to defendants compared to most other states. The court must grant the special motion to strike unless the plaintiff shows two things together: that the defendant's exercise of speech or petition rights "was devoid of any reasonable factual support and any arguable basis in law," and that the defendant's acts actually injured the plaintiff. Requiring the plaintiff to prove both elements — not just a general probability of winning — sets a comparatively high bar for a plaintiff to clear to survive the motion. The court considers the pleadings and supporting and opposing affidavits when deciding the motion.

Attorney's fees

If the court grants the special motion to strike, it must award the defendant costs and reasonable attorney's fees. A plaintiff receives mandatory costs and fees only when the court denies the motion and separately finds it frivolous or intended solely to cause unnecessary delay.

Right to appeal

An order granting or denying the motion is appealable in the same manner as an interlocutory order under Vermont Rule of Appellate Procedure 5. Section 1041 does not label that review an automatic appeal as of right.

Exemptions

Two categories of case fall outside the statute. First, an enforcement action or criminal proceeding brought by the State of Vermont or one of its political subdivisions is exempt. Second, since 2023, a case involving tortious interference with legally protected health care under 12 V.S.A. § 7302 is exempt — that separate statute, enacted the same year as part of Vermont's reproductive- and gender-affirming-care shield law, gives its own targets of "abusive litigation" a dedicated civil remedy instead of routing them through the anti-SLAPP motion.

What trips people up

The two-part test is harder on plaintiffs than it looks at first glance, and that cuts in the defendant's favor. Someone comparing states might assume Vermont's law is weaker because it doesn't use a "probability of prevailing" standard like California's. In practice, the requirement that a plaintiff prove the defendant's speech had "devoid of any reasonable factual support and any arguable basis in law" — not just a weak case — sets a high bar that favors the defendant.

Both the discovery stay and the fee award are automatic, not discretionary, once the standard is met. Some other states leave fees or the discovery stay to the court's discretion; Vermont's statute uses "shall" for both, removing that judgment call once the underlying condition (grant or frivolous denial) is satisfied.

The health-care exemption is narrow and recent. It applies only to claims specifically arising under the 2023 tortious-interference statute for legally protected reproductive or gender-affirming health care — it doesn't create a general health-care carve-out from the anti-SLAPP motion.

Common questions

How long do I have to file the special motion after being sued? 60 days from when the complaint was filed — measure from the filing date, not from when you were served.

Does filing the motion stop the whole case? No, only discovery is automatically stayed. The underlying claims stay on the docket until the court rules on the motion, though a party can ask for limited discovery to be allowed during the stay for good cause.

If I lose the special motion, do I have to pay the other side's fees? Only if the court separately finds your motion was frivolous or filed solely to delay the case — losing on the merits alone doesn't trigger a fee award against you.

Statutes and sources

• 12 V.S.A. § 1041(a), (i) — "(a) A defendant in an action arising from the defendant's exercise, in connection with a public issue, of the right to freedom of speech or to petition the government for redress of grievances under the U.S. or Vermont Constitution may file a special motion to strike under this section. ... (i) As used in this section, 'the exercise, in connection with a public issue, of the right to freedom of speech or to petition the government for redress of grievances under the U.S. or Vermont Constitution' includes: (1) any written or oral statement made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; (3) any written or oral statement concerning an issue of public interest made in a public forum or a place open to the public; or (4) any other statement or conduct concerning a public issue or an issue of public interest that furthers the exercise of the constitutional right of freedom of speech or the constitutional right to petition the government for redress of grievances." Source: https://legislature.vermont.gov/statutes/section/12/027/01041 (accessed 2026-08-14).
• 12 V.S.A. § 1041(b), (c), (d) — "(b) A special motion to strike under this section shall be filed with the court and served on all parties not more than 60 days after the filing of the complaint. A party may file a response to the motion not more than 15 days after the motion is served on the party. The court may extend the time limits of this subsection for good cause shown. (c)(1) The filing of a special motion to strike under this section shall stay all discovery proceedings in the action. Except as provided in subdivision (2) of this subsection, the stay of discovery shall remain in effect until the court rules on the special motion to strike. (2) The court, on motion and for good cause shown, may order that limited discovery be conducted for the purpose of assisting its decision on the special motion to strike. (d) The court shall hold a hearing on a special motion to strike not more than 30 days after service of the motion unless good cause exists for an extension." Source: https://legislature.vermont.gov/statutes/section/12/027/01041 (accessed 2026-08-14).
• 12 V.S.A. § 1041(e), (f), (g), (h) — "(e)(1) The court shall grant the special motion to strike, unless the plaintiff shows that: (A) the defendant's exercise of his or her right to freedom of speech and to petition was devoid of any reasonable factual support and any arguable basis in law; and (B) the defendant's acts caused actual injury to the plaintiff. ... (f)(1) If the court grants the special motion to strike, the court shall award costs and reasonable attorney's fees to the defendant. If the court denies the special motion to strike and finds the motion is frivolous or is intended solely to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to the plaintiff. ... (g) An order granting or denying a special motion to strike shall be appealable in the same manner as an interlocutory order under Rule 5 of the Vermont Rules of Appellate Procedure. (h) This section shall not apply to: (1) any enforcement action or criminal proceeding brought by the State of Vermont or any political subdivision thereof; or (2) a case involving tortious interference with legally protected health care as provided in section 7302 of this title." Source: https://legislature.vermont.gov/statutes/section/12/027/01041 (accessed 2026-08-14).
• 12 V.S.A. § 7302(c)-(d) — current official text for the separate abusive-litigation civil action referenced by § 1041(h)(2). Source: https://legislature.vermont.gov/statutes/section/12/221/07302 (accessed 2026-08-14).