Nevada

Under the Nevada anti-SLAPP statute, a person who engages in a good faith communication in furtherance of the right of petition is immune from civil liability for claims based on the communication. Nev. Rev. Stat. 41.650 (2010). Under the statute, a good faith communication in furtherance of the petition right includes three categories of communications that are true or made without knowledge of their falsity: those aimed at procuring governmental or electoral action; those informing or complaining to a federal, state or local legislator or employee about a matter reasonably of concern to the respective governmental entity; and statements made in direct connection with an issue under consideration by a governmental body. 41.637.

The Nevada anti-SLAPP statute gives defendants the ability to file a motion to dismiss claims infringing the good faith exercise of this right of petition. 41.660. The court is statutorily required to rule on the motion within 30 days of its filing. Nevada’s anti-SLAPP statute is one of only a handful to place an absolute hold on discovery activities from the time the motion is filed until not only the trial court has ruled on it, but until all appeals regarding it are exhausted. That is, Nevada courts are not statutorily authorized to order discovery to be conducted if the requesting party can show good cause for it.

The statute does not specify what standard a court will use to decide these motions or what evidence it will consider in making this determination. Nevada’s anti-SLAPP statute includes a provision allowing the state attorney general or other governmental legal representative to defend or otherwise support the defendant.

If a SLAPP defendant prevails on a motion to dismiss, the court will award him court costs and attorney fees. 41.670. Moreover, the Nevada anti-SLAPP law enables a successful defendant to file a SLAPPback suit against the plaintiff to recover actual and punitive damages and the attorney fees and costs of bringing the separate action.