(b.1) In any action subject to subsection (b) of this Code section, a prevailing moving party on a motion to strike shall be granted the recovery of attorney’s fees and expenses of litigation related to the action in an amount to be determined by the court based on the facts and circumstances of the case. If the court finds that a motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award attorney’s fees and expenses of litigation to the nonmoving party prevailing on the motion for the attorney’s fees and expenses of litigation associated with the motion in an amount to be determined by the court based on the facts and circumstances of the case.
History. Code 1981, § 9-11-11.1 , enacted by Ga. L. 1996, p. 260, § 1; Ga. L. 1998, p. 862, § 2; Ga. L. 2016, p. 341, § 2/HB 513.
The 2016 amendment, effective July 1, 2016, rewrote subsections (a) and (b); added subsection (b.1); substituted the present provisions of subsection (c) for the former provisions, which read: “As used in this Code section, ‘act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern’ includes any written or oral statement, writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any written or oral statement, writing, or petition 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.”; added “until a final decision on the motion” at the end of the first sentence of subsection (d); added subsection (e); redesignated former subsection (e) as present subsection (f); added subsection (g); redesignated former subsection (f) as present subsection (h); and, in subsection (h), substituted “expenses of litigation under this Code section shall” for “expenses under this Code section may” near the beginning.
Cross references.
Freedom of speech and of the press guaranteed, Ga. Const. 1983, Art. I, Sec. I, Para. V.
Freedom of speech, U.S. Const., amend. 1.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2016, “burden of proof” was substituted for “burden or proof” near the middle of paragraph (b)(3).
Law reviews.
For review of 1998 legislation relating to civil practice, see 15 Ga. St. U.L. Rev. 1 (1998).
For article, “Don’t Raise That Hand: Why, Under Georgia’s Anti-SLAPP Statute, Whistleblowers Should Find Protection from Reprisals for Reporting Employer Misconduct,” see 38 Ga. L. Rev. 769 (2004).
For survey article on legal ethics, see 59 Mercer L. Rev. 253 (2007).
For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007).
For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).
For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 109 (2016).
For article, “A Constitutional Counterpunch to Georgia’s Anti-SLAPP Statute,” see 69 Mercer L. Rev. 407 (2019).
For annual survey on administrative law, see 71 Mercer L. Rev. 1 (2019).
For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 1087 (2020).
Structure Georgia Code
Chapter 11 - Civil Practice Act
Article 3 - Pleadings and Motions
§ 9-11-7. Pleadings Allowed; Form of Motions
§ 9-11-8. General Rules of Pleading
§ 9-11-9. Pleading Special Matters
§ 9-11-9.1. Affidavit to Accompany Charge of Professional Malpractice
§ 9-11-9.2. Medical Authorization Forms; Review of Protected Health Information
§ 9-11-11. Signing of Pleadings; When Verification Required; Rule Abolished
§ 9-11-13. Counterclaim and Cross-Claim
§ 9-11-14. Third-Party Practice
§ 9-11-15. Amended and Supplemental Pleadings
§ 9-11-16. Pretrial Procedure; Formulating Issues; Order; Calendar