ORS 31.150
Special motion to strike

  • when available
  • burden of proof

Mentioned in

MA Anti-SLAPP Law Applied in the Context of Trademark Challenge

Harvard Cyberlaw Clinic, May 18, 2016

“Our Anti-SLAPP law in Massachusetts is quite limited as these things go, focused narrowly on claims asserted based on one’s ‘exercise of its right of petition under the constitution of the United States or of the commonwealth.’”
Bibliographic info


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 (3) 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.


A special motion to strike may be made under this section against any claim in a civil action that arises out of:


Any oral statement made, or written statement or other document submitted, in a legislative, executive or judicial proceeding or other proceeding authorized by law;


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;


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


Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.


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. 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.


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.


If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim:


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


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]

Source: Section 31.150 — Special motion to strike; when available; burden of proof, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html.

Notes of Decisions

Requirement that special motion to strike be treated as motion to dismiss under ORCP 21A incorporates requirement that motion be filed before responsive pleading. Horton v. Western Protector Insurance Co., 217 Or App 443, 176 P3d 419 (2008)

Appellate review of denial of special motion to strike is available only if motion is limited to purely legal issues and disputed or undisputed facts are immaterial. Staten v. Steel, 222 Or App 17, 191 P3d 778 (2008), Sup Ct review denied

Where plaintiffs requested that defendant television news broadcaster not air footage showing plaintiffs’ likenesses to protect plaintiffs’ safety and defendant did air footage, plaintiffs’ claims arose out of defendant’s conduct in exercising freedom of speech and plaintiffs’ claims were subject to special motion to strike under this section because plaintiffs were unable to demonstrate that plaintiffs were likely to prevail on claims of negligence, negligent infliction of emotional distress or intentional infliction of emotional distress. Mullen v. Meredith Corporation, 271 Or App 698, 353 P3d 598 (2015)

Where plaintiff’s evidence showed that commissioners of defendant county communicated via electronic mail but quorum of commissioners did not decide or deliberate towards decision, reasonable trier of fact could not find that plaintiff met burden of production under this section that requires plaintiff to establish probability of prevailing on claim for which defendant establishes prima facie case that arose from protected statements, documents or conduct. Handy v. Lane County, 360 Or 605, 385 P3d 1016 (2016)

Where defendants’ attorney issued writs of garnishment to banks, plaintiff’s clients and plaintiff’s legal assistant to collect on judgment debt owed by plaintiff, writs are not statements “submitted in a judicial proceeding” but instead were submitted to nonparties to compel their payment to satisfy judgment, and therefore anti-SLAPP statute does not apply. Baldwin v. Seida, 297 Or App 67, 441 P3d 720 (2019), Sup Ct review denied

In providing court with discretion to allow filing of motion after 60 days, this section does not require court to determine if untimely filing is supported by valid excuse. C.R. v. Eugene School Dist. 4J, 308 Or App 773, 481 P3d 334 (2021)

Special motion to strike
Time for filing special motion to strike
Exempt actions
Certain felonious conduct of plaintiff complete defense in tort actions
Liability of radio or television station personnel for defamation
Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical
When general damages allowed
Publication of correction or retraction upon demand
Effect of publication of correction or retraction prior to demand
Publisher’s defenses and privileges not affected
Wrongful use of civil proceeding
Mandatory dispute resolution for certain actions against health practitioners and health care facilities
Definitions for ORS 31.260 to 31.278
Notice of adverse health care incident
Discussion of adverse health care incident
Discussion communications
Payment and resolution
Statute of limitations
Patient representatives
Duties of Oregon Patient Safety Commission
Use of information relating to notice of adverse health care incident
Task Force on Resolution of Adverse Health Care Incidents
Pleading requirements for actions against design professionals
Pleading requirements for actions against real estate licensees
Proof required for claim of economic damages in action arising from injury caused by dog
Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police
“Advance payment” defined
Effect of advance payment
Advance payment for death or personal injury not admission of liability
Advance payment for property damage not admission of liability
Effect of collateral benefits
Contributory negligence not bar to recovery
Special questions to trier of fact
Liability of defendants several only
Setoff of damages not allowed
Doctrines of last clear chance and implied assumption of risk abolished
Right to include medical expenses paid by parent or conservator in action to recover for damages to child
Economic and noneconomic damages separately set forth in verdict
Limitation on award for noneconomic damages in claim for wrongful death
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle
Pleading punitive damages
Standards for award of punitive damages
Distribution of punitive damages
When award of punitive damages against health practitioner prohibited
Evidence of nonuse of safety belt or harness to mitigate damages
Inadmissibility of calculation of future earning potential based on race or ethnicity
Right of contribution among joint tortfeasors
Basis for proportional shares of tortfeasors
Enforcement of right of contribution
Covenant not to sue
Assignment of cause of action against insurer
Action for alienation of affections abolished
Action for criminal conversation abolished
Green check means up to date. Up to date