establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.

26.619.19 101st Legislative Session 137

2026 South Dakota Legislature
Senate Bill 137
ENROLLED

AN ACT

ENTITLED An Act to establish procedures for anti -SLAPP actions to protect the
exercise of a person's constitutional rights, including freedom of speech.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 15:
Except as otherwise provided in section 2 of this Act, the provisions of this chapter
apply to a cause of action against a person based on the person's protected public
expression. For purposes of this chapter, "protected public expression" includes:
(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 person's right of freedom of speech or of the press, the right to
assemble or petition, or the right of association, as guaranteed by the United States
Constitution or South Dakota Constitution, on a matter of public concern.
Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 15:
The provisions of this chapter do 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, rule, regulation, or ordinance 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 or lack of
communication related to the person's sale or lease of the goods or services.
26.619.19 2 137
SB137 ENROLLED
For purposes of this section, "goods or services" does not include the
advertisement, creation, dissemination, exhibition or similar promotion of an artistic,
dramatic, journalistic, literary, musical, or political work.
Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 15:
No later than sixty days after a party is served with a complaint, crossclaim,
counterclaim, third-party complaint, or other pleading that asserts a cause of action to
which the provisions of this chapter apply, or at a later time upon a showing of good cause,
the party may file a special motion for expedited relief to dismiss the cause of action or
part of the cause of action.
Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 15:
Except as otherwise provided in sections 5 and 6 of this Act, upon t he filing of a
motion under section 3 of this Act:
(1) All other proceedings between the moving party and responding party, including
discovery and a pending hearing or motion, are stayed; and
(2) On further motion by the moving party, the court may stay a hearing or motion
involving another party, or discovery by another party, if the hearing or ruling on
the motion would adjudicate, or the discovery would relate to, an issue material to
the motion under section 3 of this Act.
A stay under this section remains in effect until entry of an order ruling on the
motion under section 3 of this Act and expiration of the time under section 11 of this Act
for the moving party to appeal the order.
During a stay under this section, the court must 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 under section 9 of this Act and the information is not reasonably
available unless discovery is allowed.
Except as otherwise provided in sections 5 and 6 of this Act, if a party appeals from
an order ruling on a motion under section 3 of this Act, all proceedings between all parties
to the action must be stayed. The stay must remain in effect until the conclu sion of the
appeal.
Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 15:
During a stay under section 4 of this Act, the court may hear and rule on:
26.619.19 3 137
SB137 ENROLLED
(1) A motion unrelated to the motion under section 3 of this Act; and
(2) A motion seeking a special or preliminary injunction to protect against an imminent
threat to public health or safety.
Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 15:
A stay under section 4 of this Act does not apply to:
(1) A motion under section 12 of this Act for costs, attorney fees, and expenses; or
(2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action,
or a motion to sever a cause of action.
Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 15:
The court shall hear a motion under section 3 of this Act no later than sixty days
after the filing of the motion, unless the court orders a later hearing:
(1) To allow limited discovery under section 4 of this Act; or
(2) For other good cause.
If the court orders a later hearing under subdivision (1), the court must hear the
motion under section 3 of this Act no later than sixty days after the court order allowing
limited discovery, unless the court orders a later hearing under subsection (2), i n which
case the hearing must be held in an expedited manner.
Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 15:
In ruling on a motion under section 3 of this Act, the court shall consider the
pleadings, the motion, any reply or response to the motion, and any evidence that could
be considered in ruling on a motion for summary judgment.
Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 15:
In ruling on a motion under section 3 of this Act, the court shall dismiss with
prejudice a cause of action, or part of a cause of action, if:
(1) The moving party establishes under section 1 of this Act that the provisions of this
chapter apply;
(2) The responding party fails to establish under section 2 of this Act that the provisions
of this chapter do not apply; and
(3) Either:
26.619.19 4 137
SB137 ENROLLED
(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 the responding party failed to state a
cause of action upon which relief can be granted, or there is no genuine
issue as to any material fact and the moving party is entitled to judgment
as a matter of law on the cause of action or part of the action.
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 section 3 of this Act, does
not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney
fees, and expenses under section 12 of this Act.
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 section 3 of this Act establishes,
for the purpose of section 12 of this Act, that the moving party prevailed on the motion.
Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 15:
The court shall rule on a motion under section 3 of this Act no later than sixty days
after a hearing under section 7 of this Act.
Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 15:
A moving party may appeal as a matter of right from an order denying, in whole
or in part, a motion under section 3 of this Act. The appeal must be filed no later than
thirty days after entry of the order.
Section 12. That a NEW SECTION be added to a NEW CHAPTER in title 15:
The court shall award court costs, reasonable attorney fees, and reasonable
litigation expenses related to a motion filed under section 3 of this Act:
(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.
Section 13. That a NEW SECTION be added to a NEW CHAPTER in title 15:
The provisions of this chapter must 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
26.619.19 5 137
SB137 ENROLLED
petition, and the right of association, guaranteed by the United States Constitution and
the South Dakota Constitution.
26.619.19 6 137
SB137 ENROLLED
An Act to establish procedures for anti -SLAPP actions to protect the exercise of a person's
constitutional rights, including freedom of speech.

I certify that the attached Act originated in
the:

Senate as Bill No. 137

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 137
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State