When a Texas anti-SLAPP motion to dismiss has been filed, all proceedings in the trial court, including discovery, or stayed. The trial court can allow “specified and limited” discovery that is relevant to the motion to dismiss if “good cause” is shown. Comprehensive discovery is not allowed, but the plaintiff must be armed with “clear and specific” evidence of each essential element of every single claim challenged. Thus, discovery must be sufficiently broad to cover all essential elements of all of the challenged claims, even if it could be later determined that some of the claims did not fall within the TCPA.Read More
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Affidavit Requirements Anti Slapp Appeal Association Attorney's fees Attorney Immunity Bodily Injury Breach of Contract Business Interference Clear and specific Commercial Speech Deadlines Declaratory Judgments Defamation Defamation per se Discovery Hearing Matter of public concern Nonsuit Privilege Response Right to Petition Rule 202 Sanctions TCPA Texas Anti Slapp Time Limits Trade Secrets Waiver