Section 537.529

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 2026, see footnote   

  537.529.  Uniform public expression protection act — definitions — applicability and inapplicability — special motion to dismiss, procedure — dismissal, when — appeal — costs — construction. — 1.  This section shall be known and may be cited as the "Uniform Public Expression Protection Act".

  2.  As used in this section, the following terms mean:

  (1)  "Governmental unit", any city, county, or other political subdivision of this state, or any department, division, board, or other agency of any political subdivision of this state;

  (2)  "Person", an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.

  3.  Except as otherwise provided in subsection 4 of this section, the provisions of this section shall apply to any cause of action asserted in a civil action against a person based on the person's:

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

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

  (3)  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 Constitution of the United States or the Constitution of the state of Missouri, on a matter of public concern.

  4.  The provisions of this section shall not apply to a cause of action asserted:

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

  (2)  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

  (3)  Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

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As used in this subsection, the term "goods or services" shall not include any dramatic, literary, musical, political, journalistic, or artistic work.

  5.  No later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this section applies, or at a later time upon a showing of good cause, a party may file a special motion to dismiss the cause of action or part of the cause of action.

  6.  (1) Except as otherwise provided in this subsection:

  (a)  All other proceedings between the moving party and responding party in an action, including discovery and a pending hearing or motion, are stayed on the filing of a motion under subsection 5 of this section; and

  (b)  On motion by the moving party, the court may stay:

  a.  A hearing or motion involving another party if the ruling on the hearing or motion would adjudicate a legal or factual issue that is material to the motion under subsection 5 of this section; or

  b.  Discovery by another party if the discovery relates to a legal or factual issue that is material to the motion under subsection 5 of this section.

  (2)  A stay under subdivision (1) of this subsection remains in effect until entry of an order ruling on the motion filed under subsection 5 of this section and the expiration of the time to appeal the order.

  (3)  If a party appeals from an order ruling on a motion under subsection 5 of this section, all proceedings between all parties in an action are stayed.  The stay remains in effect until the conclusion of the appeal.

  (4)  During a stay under subdivision (1) of this subsection, 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 imposed by subdivision (1) of subsection 9 of this section and is not reasonably available without discovery.

  (5)  A motion for costs and expenses under subsection 12 of this section shall not be subject to a stay under this section.

  (6)  A stay under this subsection does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of 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 subsection 5 of this section; and

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

  7.  (1) The court shall hear a motion under subsection 5 of this section no later than sixty days after filing of the motion, unless the court orders a later hearing:

  (a)  To allow discovery under subdivision (4) of subsection 6 of this section; or

  (b)  For other good cause.

  (2)  If the court orders a later hearing under paragraph (a) of subdivision (1) of this subsection, the court shall hear the motion under subsection 5 of this section no later than sixty days after the court order allowing the discovery, subject to paragraph (b) of subdivision (1) of this subsection.

  8.  In ruling on a motion under subsection 5 of this section, the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.

  9.  (1) In ruling on a motion under subsection 5 of this section, the court shall dismiss with prejudice a cause of action or part of a cause of action if:

  (a)  The moving party establishes under subsection 3 of this section that this section applies;

  (b)  The responding party fails to establish as provided in subsection 4 of this section that this section does not apply; and

  (c)  Either:

  a.  The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

  b.  The moving party establishes that:

  (i)  The responding party failed to state a cause of action upon which relief can be granted; or

  (ii)  There is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

  (2)  A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under subsection 5 of this section does not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under subsection 12 of this section.

  (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 subsection 5 of this section establishes for the purpose of subsection 12 of this section that the moving party prevailed on the motion.

  10.  The court shall rule on a motion under subsection 5 of this section no later than sixty days after the hearing under subsection 7 of this section.

  11.  A moving party may appeal within twenty-one days as a matter of right from an order denying, in whole or in part, a motion under subsection 5 of this section.

  12.  On a motion under subsection 5 of this section, the court shall award costs, reasonable attorney's 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.

  13.  This section shall 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 Constitution of the United States or the Constitution of the state of Missouri.

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

  15.  The provisions of this section shall apply to any civil action filed, or any cause of action asserted in a civil action, on or after August 28, 2026.

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(L. 2026 S.B. 835 & 1111 merged with S.B. 1067)