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MontanaHB 29269th Legislature, Regular Session (2025)House

Establish the uniform public expression protection act

Sponsored By: Tom Millett (Republican)

Signed by Governor

Civil Procedure

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

Fast dismissal and pause on lawsuits

If you are served with a covered claim, you can file a special motion to dismiss within 60 days. Filing the motion pauses other steps in the case, including discovery, until the court rules and appeal time ends. The court must hold a hearing within 60 days (or later for discovery or good cause) and must rule within 60 days after the hearing. Protection orders and emergency public-health or safety injunctions can still be heard. If the court denies your motion, you can appeal within 30 days (or 60 days if the United States, Montana, or a political subdivision is a party).

Who this speech-protection law covers

This law protects people sued for speaking on public issues. It covers statements in government meetings, statements about issues under government review, and speech, press, assembly, petition, and association on matters of public concern. It does not cover suits against government actors, emergency public health or safety enforcement, or speech tied to selling or leasing goods or services. Courts must read the law broadly to protect these rights.

When courts must dismiss these cases

The court must dismiss the claim with prejudice if this law applies and the other side cannot show an exception. Dismissal is required if the other side fails to make a basic case on each element, or you show they failed to state a claim or there is no real factual dispute. The judge considers the pleadings, the motion papers, and evidence allowed under summary-judgment rules. If the other side dismisses without prejudice, you can still seek a ruling and fees. A dismissal with prejudice counts as you prevailing for fees.

Who pays fees on dismissal motions

If you win the special motion, the court orders the other side to pay your court costs, reasonable attorney fees, and related litigation expenses. If the other side wins and the court finds your motion was frivolous or meant only to delay, the court orders you to pay their costs, fees, and expenses.

When the law starts and applies

The law takes effect on passage and approval. It applies to civil actions filed or causes of action asserted on or after that date. Older cases keep the old rules. The law is placed in Title 27, and courts aim for uniform results with other states that adopt the same model.

Sponsors & Cosponsors

Sponsor

  • Tom Millett

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 594 • No: 2

House vote • 4/15/2025

Do Concur

Yes: 96 • No: 1

House vote • 4/14/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/2/2025

Do Concur

Yes: 50 • No: 0

Senate vote • 4/1/2025

Do Concur

Yes: 49 • No: 1

House vote • 2/13/2025

Do Pass

Yes: 99 • No: 0

House vote • 2/11/2025

Do Pass As Amended

Yes: 100 • No: 0

House vote • 2/11/2025

AMD-HB0292.001.001 Millett DO PASS

Yes: 100 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House

  2. Signed by Governor

    5/1/2025House

  3. Transmitted to Governor

    4/22/2025House

  4. Signed by President

    4/22/2025Senate

  5. Signed by Speaker

    4/18/2025House

  6. Returned from Enrolling

    4/15/2025House

  7. Sent to Enrolling

    4/15/2025House

  8. 3rd Reading Senate Amendments

    4/15/2025House

  9. 2nd Reading Senate Amendments

    4/14/2025House

  10. Returned to House with Amendments

    4/2/2025Senate

  11. 3rd Reading

    4/2/2025Senate

  12. 2nd Reading

    4/1/2025Senate

  13. Committee Report

    3/25/2025Senate

  14. Committee Executive Action

    3/25/2025Senate

  15. Hearing

    3/18/2025Senate

  16. Referred to Committee

    2/14/2025Senate

  17. Transmitted to Senate

    2/14/2025House

  18. 3rd Reading

    2/13/2025House

  19. 2nd Reading

    2/11/2025House

  20. 2nd Reading Motion to Amend

    2/11/2025House

  21. Committee Report

    2/6/2025House

  22. Committee Executive Action

    2/6/2025House

  23. Hearing

    1/28/2025House

  24. 1st Reading

    1/23/2025House

  25. Referred to Committee

    1/23/2025House

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 3)

    3/25/2025

    PDF

  • As Amended (Version 2)

    2/11/2025

    PDF

  • Introduced

    1/22/2025

    PDF

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