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Montana Anti-SLAPP Laws Acts UPEPA

Montana Montana MontanaAntiSlappActsLaws

Montana Code

Title 27. Civil Liability, Remedies, and Limitations

Chapter 34. Uniform Public Expression Protection Act (Refs & Annos)

Part 1. General Provisions

MCA 27-34-101. Short title

This chapter may be cited as the “Uniform Public Expression Protection Act”.

MCA 27-34-102. Scope--definitions

(1) Except as otherwise provided in subsection (2), this chapter applies to a claim for relief asserted in a civil action against a person based on the person’s:

(a) communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(b) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(c) exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States constitution or the Montana constitution, on a matter of public concern.

(2) This chapter does not apply to a claim for relief asserted:

(a) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(b) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or

(c) against a person primarily engaged in the business of selling or leasing goods or services if the claim for relief arises out of a communication related to the person’s sale or lease of the goods or services.

(3) As used in this section, the following definitions apply:

(a) “Goods or services” does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(b) “Governmental unit” means a public corporation or government or governmental subdivision, agency, or instrumentality.

(c) “Person” means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.

MCA 27-34-103. Special motion for expedited relief

Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a civil action to which this chapter applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss the civil action or part of the civil action.

MCA 27-34-104. Stay

(1) Except as otherwise provided in subsections (4) through (8), on the filing of a motion under 27-34-103:

(a) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(b) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under 27-34-103.

(2) A stay under subsection (1) remains in effect until entry of an order ruling on the motion under 27-34-103 and expiration of the time under 27-34-109 for the moving party to appeal the order.

(3) Except as otherwise provided in subsections (5) through (7), if a party appeals from an order ruling on a motion under 27-34-103, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(4) During a stay under subsection (1), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under 27-34-107(1) and the information is not reasonably available unless discovery is allowed.

(5) A motion under 27-34-110 for costs, attorney fees, and expenses is not subject to a stay under this section.

(6) A stay under this section does not affect a party’s ability voluntarily to dismiss a civil action or part of a civil action or move to sever a civil action.

(7) During a stay under this section, the court for good cause may hear and rule on:

(a) a motion unrelated to the motion under 27-34-103; and

(b) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

(8) The stay provided for in this section does not apply to actions for a temporary or permanent order of protection as set forth in Title 40, chapter 15.

MCA 27-34-105. Hearing

(1) The court shall hear a motion under 27-34-103 not later than 60 days after filing of the motion unless the court orders a later hearing:

(a) to allow discovery under 27-34-104(4); or

(b) for other good cause.

(2) If the court orders a later hearing under subsection (1)(a), the court shall hear the motion under 27-34-103 not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under subsection (1)(b).

MCA 27-34-106. Proof

In ruling on a motion under 27-34-103, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Rule 56 of the Montana Rules of Civil Procedure.

MCA 27-34-107. Dismissal of cause of action in whole or in part

(1) In ruling on a motion under 27-34-103, the court shall dismiss with prejudice a civil action, or part of a civil action, if:

(a) the moving party establishes under 27-34-102(1) that the act applies;

(b) the responding party fails to establish under 27-34-102(2) that this chapter does not apply; and

(i) the responding party fails to establish a prima facie case as to each essential element of the civil action; or

(ii) the moving party establishes that:

(A) the responding party failed to state a claim upon which relief can be granted; or

(B) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the civil action or part of the civil action.

(2) A voluntary dismissal without prejudice of a responding party’s civil action, or part of a civil action, that is the subject of a motion under 27-34-103 does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under 27-34-110.

(3) A voluntary dismissal with prejudice of a responding party’s cause of action, or part of a cause of action, that is the subject of a motion under 27-34-103 establishes for the purpose of 27-34-110 that the moving party prevailed on the motion.

MCA 27-34-108. Ruling

The court shall rule on a motion under 27-34-103 not later than 60 days after a hearing under 27-34-105.

MCA 27-34-109. Appeal

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under 27-34-103. The appeal must be filed not later than 30 days after entry of the order in a civil action between private parties, and not later than 60 days after entry of the order in a civil action to which the United States or the state of Montana or a political subdivision is a party.

MCA 27-34-110. Costs, attorney fees, and expenses

On a motion under 27-34-103, the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion:

(1) to the moving party if the moving party prevails on the motion; or

(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

MCA 27-34-111. Construction

This chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association guaranteed by the United States constitution or the Montana constitution.

MCA 27-34-112. Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Montana Opinions

Ailes v. Klemann, 2026 WL 1831378 (D.Mont., June 25, 2026).Ailes v. Klemann, 2026 WL 1831378 (D.Mont., June 25, 2026).

♦ The U.S. District Court for the District of Montana granted the special motions to dismiss filed by defendants Elizabeth Klemann and her attorney Hilary Carls under Montana’s Uniform Public Expression Protection Act (UPEPA). Following the settlement of a prior car accident negligence suit in which Klemann and Carls asserted sexual assault allegations, plaintiff Zachary Ailes brought a subsequent action for malicious prosecution and abuse of process, alleging those claims were time-barred and improperly used to coerce a higher settlement. The court rejected Ailes's threshold challenges, holding that UPEPA applies in federal diversity actions without violating retroactivity principles and does not conflict with the Federal Rules of Civil Procedure. Evaluating the motions under Rule 12(b)(6) standards, the court found that Defendants' prelitigation correspondence and court filings constituted protected petitioning and free speech activity. Furthermore, Ailes failed to state a claim for malicious prosecution because Defendants possessed objective probable cause based on counseling records and the prior action did not terminate favorably on the merits due to a global settlement. Likewise, the abuse of process claim failed because pursuing civil claims and settlement negotiations do not constitute an improper willful act or an actionable ulterior purpose. Consequently, the court dismissed the action with prejudice and awarded Defendants mandatory reasonable attorney's fees, costs, and litigation expenses under UPEPA, with exact amounts subject to subsequent supplemental filings. ♦

Ailes v. Klemann, 2026 WL 1831378 (D.Mont., June 25, 2026).Ailes v. Klemann, 2026 WL 1831378 (D.Mont., June 25, 2026).