Oregon Revised Statutes Chapter 31 § 31.152 — Time

Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals. (1) A special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court’s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing. (2)(a) All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150. The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection. (b) During a stay under this subsection, the court may hear and rule on a motion for reasonable attorney fees and costs under subsection (3) of this section. (c) A stay under this subsection does not affect a party’s ability voluntarily to dismiss a claim or part of a claim or move to sever a claim. (d) During a stay under this subsection, the court for good cause may hear and rule on: (A) A motion unrelated to the special motion to strike under ORS 31.150. (B) A motion seeking a preliminary injunction to protect against an imminent threat to public health or safety. (3) A defendant who prevails on a special motion to strike made under ORS 31.150 shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike. (4)(a) A voluntary dismissal without prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 does not affect a moving party’s right to obtain a ruling on the motion and seek attorney fees and costs under subsection (3) of this section. (b) A voluntary dismissal with prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 establishes for the purpose of subsection (3) of this section that the moving party prevailed on the motion. (5) A moving party may appeal as a matter of right from an order denying, in whole or in part, a special motion to strike under ORS 31.150. The appeal must be filed in accordance with ORS 19.205. (6) The purpose of the procedure established by this section and ORS 31.150 and 31.155 is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS 31.150 (4). This section and ORS 31.150 and 31.155 are to be liberally construed in favor of the exercise of the rights described in ORS 31.150 (2). [Formerly 30.144; 2009 c.449 §3; 2023 c.71 §2]