Vermont: Anti-SLAPP Laws

The short answer

Vermont has had an anti-SLAPP statute since 2005: 12 V.S.A. § 1041 lets a
defendant sued over an exercise of free speech or petition rights on a
public issue file a special motion to strike within 60 days of the
complaint being filed. Filing the motion automatically stays discovery
and forces the court to hold a hearing within 30 days. Vermont's merits
test is notably harder on plaintiffs than most states': the court must
grant the motion unless the plaintiff shows both that the defendant's
speech had no reasonable factual or legal basis at all, and that it
actually injured the plaintiff. Fees are mandatory for whichever side
wins the motion, and either side can appeal immediately. A 2023
amendment added a narrow exception for lawsuits interfering with legally
protected reproductive or gender-affirming health care, which now have
their own separate remedy instead.

Requirements one by one

Governing law

Vermont enacted its anti-SLAPP statute in 2005 as 12 V.S.A. § 1041. The
legislature amended it in 2023 (No. 14, 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 decides this based on the pleadings and any supporting or
opposing affidavits, not live testimony.

Attorney's fees

Fee-shifting is mandatory, not discretionary, in both directions. If the
court grants the special motion to strike, it must award the defendant
costs and reasonable attorney's fees. If the court denies the motion and
separately finds it was frivolous or filed solely to cause delay, it
must award the plaintiff costs and fees instead.

Right to appeal

Either side can immediately appeal an order granting or denying a
special motion to strike, using the same procedure as an interlocutory
appeal under Vermont Rule of Appellate Procedure 5.

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://law.justia.com/codes/vermont/title-12/chapter-27/section-1041/
  (accessed 2026-07-05).
• 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://law.justia.com/codes/vermont/title-12/chapter-27/section-1041/
  (accessed 2026-07-05).
• 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://law.justia.com/codes/vermont/title-12/chapter-27/section-1041/
  (accessed 2026-07-05).