§ 34-7-7-9 Motion to dismiss; procedures and determination

Codes > Indiana Code > Title 34 > Article 7 : Chapter 7 > 34-7-7-9 Motion

34-7-7-9 Motion to dismiss; procedures and determination

    Sec. 9. (a) If a person files a motion to dismiss under this chapter, the court in which the motion is filed shall do the following:

        (1) Treat the motion as a motion for summary judgment.

        (2) Establish a reasonable time period, not to exceed one hundred eighty (180) days, to expedite and rule on the motion.

        (3) Specify time limits for the discovery of evidence to respond to material issues raised in the motion.

    (b) The person who files a motion to dismiss must state with specificity the public issue or issue of public interest that prompted the act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana.

    (c) The court shall make its determination based on the facts contained in the pleadings and affidavits filed and discovered under the expedited proceeding.

    (d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana.

    (e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.

    (f) If a court does not act within the thirty (30) days provided in subsection (e), the person filing the motion may appeal the matter based on the court's failure to rule on the motion.