ORS 31.150: Special motion to strike; when available; burden of proof.

(1) A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) or (5) of this section that there is a probability that the plaintiff will prevail on the claim. The special motion to strike shall be treated as a motion to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon granting the special motion to strike, the court shall enter a judgment of dismissal without prejudice. If the court denies a special motion to strike, the court shall enter a limited judgment denying the motion. (2) A special motion to strike may be made under this section against any claim in a civil action that arises out of: (a)(A) Any oral statement made, or written statement or other document submitted, in a legislative, executive or judicial proceeding or other proceeding authorized by law; (B) Any oral statement made, or written statement or other document submitted, in connection with an issue under consideration or review by a legislative, executive or judicial body or other proceeding authorized by law; (C) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or (D) Any other conduct in furtherance of the exercise of the constitutional right of assembly, petition or association or the constitutional right of free speech or freedom of the press in connection with a public issue or an issue of public interest; or (b) Any oral statement made, or written statement or other document presented, regarding an incident of sexual assault committed against an individual, if the statement or document is made or presented in good faith and with an objectively reasonable belief that the incident of sexual assault occurred. (3) A special motion to strike may not be made against a claim under this section against a person primarily engaged in the business of selling or leasing goods or services if the claim arises out of a communication related to the person’s sale or lease of the goods or services. (4) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection (2) of this section. Except as provided in subsection (5) of this section, if the defendant meets this burden, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case. If the plaintiff meets this burden, the court shall deny the motion. (5) In addition to the requirements of subsection (4) of this section, if the special motion to strike is against a claim of defamation and the defendant meets the initial burden of making a prima facie showing that the defamation claim arises out of a statement, document or conduct described in subsection (2)(b) of this section, the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case, and that there is a probability that the defendant acted with malice in making the communication. If the plaintiff meets this burden, the court shall deny the motion. (6) In making a determination under subsection (1) of this section, the court shall consider pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (7) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim: (a) The fact that the determination has been made and the substance of the determination may not be admitted in evidence at any later stage of the case; and (b) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [Formerly 30.142; 2009 c.449 §1; 2023 c.71 §1; 2025 c.275 §2]