Anti-SLAPP Laws in Washington

At a glance

Requirements one by one

Governing law

RCW chapter 4.105, the Uniform Public Expression Protection Act, sets the scope, expedited motion, stay, appeal, and cost rules. Its sections cite 2021 Wash. Sess. Laws ch. 259 as their enactment source.

Protected activity

The Act reaches claims based on communications in government proceedings, communications about matters under government consideration or review, and constitutional speech, press, assembly, petition, or association activity on a matter of public concern (§ 4.105.010(2)). The exclusions in subsection (3) limit that scope.

The special motion

The moving party gives written notice at least 14 days before filing. The responding party may withdraw or amend its pleading during that period. A missed notice preserves the motion but removes the movant's attorney-fee entitlement (§ 4.105.020(1)). The motion is due within 60 days after service of the challenged pleading, or later on a showing of good cause (§ 4.105.020(2)).

The earlier of notice or filing stays other proceedings between the moving and responding parties. Proceedings involving another party may be stayed on the movant's motion if the statutory connection is shown. The court can allow limited discovery needed for the motion, and § 4.105.030(5)-(7) preserves specified motions, voluntary dismissal, and good-cause hearings.

Burden of proof

The movant establishes that § 4.105.010(2) covers the claim. The respondent can establish an exclusion under subsection (3). If coverage remains, dismissal with prejudice follows when the respondent fails to establish a prima facie case on each essential element, or the movant shows failure to state a claim or entitlement to judgment without a genuine material-fact issue (§ 4.105.060(1)). Section 4.105.050 permits the court to consider the pleadings, motion papers, and evidence admissible on summary judgment under CR 56.

Attorney's fees

A prevailing movant ordinarily receives court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion (§ 4.105.090). Failure to give the 14-day notice forfeits attorney's fees specifically (§ 4.105.020(1)). A prevailing respondent receives the § 4.105.090 amounts only if the court finds the motion not substantially justified or filed solely to delay.

Right to appeal

The movant may appeal a full or partial denial as of right within 21 days (§ 4.105.080). During an appeal from a motion ruling, proceedings between all parties are stayed until the appeal concludes, subject to § 4.105.030(5)-(7).

Exemptions

Section 4.105.010(3)(a) lists twelve categories, including specified government, commercial, crime-victim, real-property, bodily-injury, insurance, fraud, domestic, employment, consumer-protection, and federal-law claims. Subsection (3)(b) restores coverage for specified expressive works and consumer commentary within the commercial, fraud, and consumer-protection exclusions. The code's reviser's note says two protective-order chapter references in subsection (3)(a)(ix) were repealed in 2022 and points to chapter 7.105 RCW.

What trips people up

The 14-day notice and 60-day motion period are separate requirements. An omitted notice affects attorney's fees while the motion remains available. Before appeal, the automatic stay runs between the moving and responding parties; other-party proceedings require the statutory court order. The exclusions and limited discovery exceptions must be read with the general coverage rule.

Common questions

Does filing stop discovery? It stays discovery between the moving and responding parties, subject to the limited-discovery exception in § 4.105.030(4). Other-party discovery can be stayed by court order under § 4.105.030(1)(b).

Can I file after 60 days? The statute permits later filing on a showing of good cause (§ 4.105.020(2)).

What if I omitted the 14-day notice? The motion remains available, but the moving party cannot recover reasonable attorney's fees under § 4.105.090 (§ 4.105.020(1)).

Statutes and sources

• RCW 4.105.010 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.010 (accessed 2026-10-06)
• RCW 4.105.020 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.020 (accessed 2026-10-06)
• RCW 4.105.030 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.030 (accessed 2026-10-06)
• RCW 4.105.050 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.050 (accessed 2026-10-06)
• RCW 4.105.060 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.060 (accessed 2026-10-06)
• RCW 4.105.080 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.080 (accessed 2026-10-06)
• RCW 4.105.090 — https://app.leg.wa.gov/RCW/default.aspx?cite=4.105.090 (accessed 2026-10-06)