1. If an action is brought against a person based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern:
(a) The person against whom the action is brought may file a special motion to dismiss; and
(b) The Attorney General or the chief legal officer or attorney of a political subdivision of this State may defend or otherwise support the person against whom the action is brought. If the Attorney General or the chief legal officer or attorney of a political subdivision has a conflict of interest in, or is otherwise disqualified from, defending or otherwise supporting the person, the Attorney General or the chief legal officer or attorney of a political subdivision may employ special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60 days after service of the complaint, which period may be extended by the court for good cause shown.
3. If a special motion to dismiss is filed pursuant to subsection 2, the court shall:
(a) Determine whether the moving party has established, by a preponderance of the evidence, that the claim is based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern;
(b) If the court determines that the moving party has met the burden pursuant to paragraph (a), determine whether the plaintiff has demonstrated with prima facie evidence a probability of prevailing on the claim;
(c) If the court determines that the plaintiff has established a probability of prevailing on the claim pursuant to paragraph (b), ensure that such determination will not:
(1) Be admitted into evidence at any later stage of the underlying action or subsequent proceeding; or
(2) Affect the burden of proof that is applied in the underlying action or subsequent proceeding;
(d) Consider such evidence, written or oral, by witnesses or affidavits, as may be material in making a determination pursuant to paragraphs (a) and (b);
(e) Except as otherwise provided in subsection 4, stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from the ruling on the motion; and
(f) Rule on the motion within 20 judicial days after the motion is served upon the plaintiff.
4. Upon a showing by a party that information necessary to meet or oppose the burden pursuant to paragraph (b) of subsection 3 is in the possession of another party or a third party and is not reasonably available without discovery, the court shall allow limited discovery for the purpose of ascertaining such information.
5. If the court dismisses the action pursuant to a special motion to dismiss filed pursuant to subsection 2, the dismissal operates as an adjudication upon the merits.
6. The court shall modify any deadlines pursuant to this section or any other deadlines relating to a complaint filed pursuant to this section if such modification would serve the interests of justice.
7. As used in this section:
(a) "Complaint" means any action brought against a person based upon a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern, including, without limitation, a counterclaim or cross-claim.
(b) "Plaintiff" means any person asserting a claim, including, without limitation, a counterclaim or cross-claim.
(Added to NRS by 1993, 2848; A 1997, 1365, 2593; 2013, 623; 2015, 2455)
Structure Nevada Revised Statutes
Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons
NRS 41.010 - Commencement of action; service of summons upon State Controller.
NRS 41.020 - Attorney General to defend; appeals.
NRS 41.030 - State Controller to draw warrant upon final judgment.
NRS 41.0305 - "Political subdivision" defined.
NRS 41.0307 - "Employee," "employment," "immune contractor," "public officer" and "officer" defined.
NRS 41.032 - Acts or omissions of officers, employees and immune contractors.
NRS 41.0325 - Negligence or willful misconduct of minor driver in legal custody of State.
NRS 41.0331 - Construction of fence or other safeguard around dangerous condition at abandoned mine.
NRS 41.0332 - Acts or omissions of volunteer school crossing guards.
NRS 41.0333 - Acts or omissions of members or employees of Nevada National Guard.
NRS 41.0336 - Acts or omissions of firefighters or law enforcement officers.
NRS 41.0337 - State or political subdivision to be named party defendant.
NRS 41.03377 - "Local judicial officer" defined.
NRS 41.0338 - "Official attorney" defined.
NRS 41.03385 - "State judicial officer" defined.
NRS 41.0341 - Time for filing responsive pleading.
NRS 41.03415 - Determination by official attorney whether or not to tender defense.
NRS 41.0342 - Arrangements and circumstances of defense not admissible in evidence.
NRS 41.0343 - Waiver of attorney-client privilege may not be required.
NRS 41.03435 - Employment of special counsel by Attorney General.
NRS 41.0345 - Defense may be tendered to insurer authorized to defend action.
NRS 41.03455 - Defendant may employ own counsel.
NRS 41.0346 - Withdrawal of official attorney as attorney of record.
NRS 41.0347 - Liability of State or political subdivision for failure to provide defense.
NRS 41.0348 - Special verdict required.
NRS 41.037 - Administrative settlement of claims or actions.
NRS 41.040 - Appointment and bond of elisor.
NRS 41.050 - Execution of process by elisor.
NRS 41.060 - Arrest and confinement of sheriff in a civil action.
NRS 41.070 - Powers, duties and fees of elisors.
NRS 41.071 - Legislative privilege and immunity for State Legislators.
NRS 41.075 - Limitations on liability of Committee on Local Government Finance.
NRS 41.085 - Heirs and personal representatives may maintain action.
NRS 41.130 - Liability for personal injury.
NRS 41.1393 - Discharge of duty to warn trespasser against dangerous condition.
NRS 41.191 - Declaration of domicile in Nevada.
NRS 41.193 - Declaration of domicile in other state.
NRS 41.195 - Signing and recording of declaration; fee.
NRS 41.197 - Other methods of proving domicile not repealed or abrogated.
NRS 41.210 - District courts empowered to establish date and place of birth and parentage.
NRS 41.220 - Procedure; examination of records by State Registrar of Vital Statistics.
NRS 41.240 - Court order establishing facts as presented to court.
NRS 41.250 - Recording of decree.
NRS 41.260 - No fees to be charged by clerk of the court.
NRS 41.270 - Verified petition.
NRS 41.280 - When publication of notice is required.
NRS 41.290 - Order of court; hearing on objections; disposition and rescission of order.
NRS 41.293 - "Other parent" defined.
NRS 41.294 - "Petitioning parent" defined.
NRS 41.295 - Verified petition.
NRS 41.296 - When notice to nonpetitioning parent is required.
NRS 41.297 - Order of court; hearing on objections; disposition of order.
NRS 41.298 - Petitions filed under other provisions of law.
NRS 41.2991 - "Agency which provides child welfare services" defined.
NRS 41.2993 - Verified petition.
NRS 41.2995 - When notice to parent is required.
NRS 41.2999 - Petitions filed under other provisions of law.
NRS 41.300 - Insane persons; presumption of legal capacity on discharge.
NRS 41.310 - Adjudication of sanity.
NRS 41.320 - Petition seeking restoration of status as sane; notice.
NRS 41.330 - Conduct of proceedings by county officers; no fees to be charged.
NRS 41.332 - "Actual malice" defined.
NRS 41.333 - "Exemplary damages" defined.
NRS 41.334 - "General damages" defined.
NRS 41.335 - "Special damages" defined.
NRS 41.336 - Special damages; notice and demand for correction.
NRS 41.337 - General, special and exemplary damages.
NRS 41.338 - Correction before demand.
NRS 41.350 - Liability of owner or operator originating broadcast.
NRS 41.360 - Liability when broadcast cannot be censored.
NRS 41.365 - Action for damages.
NRS 41.380 - Causes of action abolished.
NRS 41.390 - Time for commencing accrued causes of action for criminal conversation.
NRS 41.400 - Act or contract gives no right of action.
NRS 41.410 - Unlawful to file actions after July 1, 1979.
NRS 41.430 - Conditions for jurisdiction of State of Nevada.
NRS 41.440 - Imposition of liability.
NRS 41.450 - Operator to be made party defendant; recourse on recovery of judgment.
NRS 41.460 - When debtor in possession or long-term lessee deemed owner of motor vehicle.
NRS 41.470 - Imposition of liability for minor’s willful misconduct.
NRS 41.472 - Imposition of liability for minor’s negligence or willful misconduct regarding firearm.
NRS 41.491 - Limitations on liability.
NRS 41.495 - Limitations on liability.
NRS 41.505 - Physicians, physician assistants, nurses and dentists.
NRS 41.508 - Civil action brought by public agency; award of costs and attorney’s fees.
NRS 41.509 - Action brought by natural parent; recovery; liability not exclusive.
NRS 41.515 - Limitations on liability; exceptions; "trespasser" defined.
NRS 41.517 - Limitations on liability; exception; "public art" defined.
NRS 41.550 - Security for and apportionment of costs.
NRS 41.560 - Relief which may be granted.
NRS 41.570 - Provisions supplementary to existing administrative or regulatory provisions.
NRS 41.580 - Action by owner of property; treble damages.
NRS 41.590 - Lender not liable for defects in property acquired with borrowed money.
NRS 41.630 - Limitations on liability.
NRS 41.640 - "Political subdivision" defined.
NRS 41.650 - Limitation of liability.
NRS 41.710 - "Advertisement" defined.
NRS 41.715 - "Electronic mail" defined.
NRS 41.720 - "Network" defined.
NRS 41.725 - "Recipient" defined.
NRS 41.730 - Action for damages; exceptions; injunctive relief.
NRS 41.745 - Liability of employer for intentional conduct of employee; limitations.
NRS 41.815 - "Business" defined.
NRS 41.820 - "COVID-19" defined.
NRS 41.825 - "Governmental entity" defined.
NRS 41.830 - "Nonprofit organization" defined.
NRS 41.940 - Limitation on time for commencement of action.