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Litigation

Feb. 22, 2012

Fatal and sanctionable: Filing an untimely anti-SLAPP motion

Courts are getting strict about the 60-day filing requirement for anti-SLAPP motions. By Jens B. Koepke of Morris, Polich & Purdy LLP


By Jens B. Koepke


Not only can filing an anti-SLAPP motion more than 60 days after service of the complaint kill your motion, it might even result in sanctions against you. A recent state appellate court decision appears to sharpen the teeth in the 60-day filing requirement in Section 425.16(f).


The anti-SLAPP statute provides that a motion "may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later ...

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