Connecticut General Statutes

Conn. Gen. Stat. § 52-196a (2026)

Filing of special motion to dismiss based on exercise of certain state or federal constitutional rights in connection with matter of public concern. Court procedure

✓ current as of May 2026

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(a) As used in this section:

(1) “Matter of public concern” means an issue related to (A) health or safety, (B) environmental, economic or community well-being, (C) the government, zoning and other regulatory matters, (D) a public official or public figure, or (E) an audiovisual work;

(2) “Right of free speech” means communicating, or conduct furthering communication, in a public forum on a matter of public concern;

(3) “Right to petition the government” means (A) communication in connection with an issue under consideration or review by a legislative, executive, administrative, judicial or other governmental body, (B) communication that is reasonably likely to encourage consideration or review of a matter of public concern by a legislative, executive, administrative, judicial or other governmental body, or (C) communication that is reasonably likely to enlist public participation in an effort to effect consideration of an issue by a legislative, executive, administrative, judicial or other governmental body;

(4) “Right of association” means communication among individuals who join together to collectively express, promote, pursue or defend common interests; and

(5) “Special motion to dismiss” means the motion permitted pursuant to this section.

(b) In any civil action in which a party files a complaint, counterclaim or cross claim against an opposing party that is based on the opposing party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, such opposing party may file a special motion to dismiss the complaint, counterclaim or cross claim.

(c) Any party filing a special motion to dismiss shall file such motion not later than thirty days after the return date of the complaint, or the filing of a counterclaim or cross claim described in subsection (b) of this section. The court, upon a showing of good cause by a party seeking to file a special motion to dismiss, may extend the time to file a special motion to dismiss.

(d) The court shall stay all discovery upon the filing of a special motion to dismiss. The stay of discovery shall remain in effect until the court grants or denies the special motion to dismiss and any interlocutory appeal thereof. Notwithstanding the entry of an order to stay discovery, the court, upon motion of a party and a showing of good cause, or upon its own motion, may order specified and limited discovery relevant to the special motion to dismiss.

(e) (1) The court shall conduct an expedited hearing on a special motion to dismiss. The expedited hearing shall be held not later than sixty days after the date of filing of such special motion to dismiss, unless, (A) the court orders specified and limited discovery pursuant to subsection (d) of this section, in which case, the expedited hearing shall be held not later than sixty days after the date on which such specified and limited discovery must be completed, (B) the parties agree to a hearing date that is beyond the sixty-day period, or (C) the court, for good cause shown, is unable to schedule the hearing during the sixty-day period.

(2) When ruling on a special motion to dismiss, the court shall consider pleadings and supporting and opposing affidavits of the parties attesting to the facts upon which liability or a defense, as the case may be, is based.

(3) The court shall grant a special motion to dismiss if the moving party makes an initial showing, by a preponderance of the evidence, that the opposing party's complaint, counterclaim or cross claim is based on the moving party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of the state in connection with a matter of public concern, unless the party that brought the complaint, counterclaim or cross claim sets forth with particularity the circumstances giving rise to the complaint, counterclaim or cross claim and demonstrates to the court that there is probable cause, considering all valid defenses, that the party will prevail on the merits of the complaint, counterclaim or cross claim.

(4) The court shall rule on a special motion to dismiss as soon as practicable.

(f) (1) If the court grants a special motion to dismiss under this section, the court shall award the moving party costs and reasonable attorney's fees, including such costs and fees incurred in connection with the filing of the special motion to dismiss.

(2) If the court denies a special motion to dismiss under this section and finds that such special motion to dismiss is frivolous and solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to the party opposing such special motion to dismiss.

(g) The findings or determinations made pursuant to subsections (e) and (f) of this section shall not be admitted into evidence at any later stage of the proceeding or in any subsequent action.

(h) The provisions of this section shall not: (1) Apply to an enforcement action that is brought in the name of the state or a political subdivision of the state by the Attorney General; (2) affect or limit the authority of a court to award sanctions, costs, attorney's fees or any other relief available under any statute, court rule or other authority; (3) affect, limit or preclude the right of a party filing a special motion to dismiss to any defense, remedy, immunity or privilege otherwise authorized by law; (4) affect the substantive law governing any asserted claim; (5) create a private right of action; or (6) apply to a common law or statutory claim for bodily injury or wrongful death, except the exclusion provided in this subdivision shall not apply to claims for (A) emotional distress unrelated to bodily injury or wrongful death or conjoined with a cause of action other than for bodily injury or wrongful death, or (B) defamation, libel or slander. The provisions of this subdivision shall not prohibit a plaintiff who brings a claim for bodily injury or wrongful death from filing a special motion to dismiss a counterclaim under the provisions of this section.

(P.A. 17-71, S. 1; P.A. 19-64, S. 17.)

History: P.A. 17-71 effective January 1, 2018, and applicable to any civil action filed on or after said date; P.A. 19-64 amended Subsec. (b) replacing “date of return” with “return date”, effective July 1, 2019.

Nothing in section limit's a trial court's discretion to order specified and limited discovery relevant to the special motion to dismiss beyond the “good cause” standard set forth in Subsec. (d). 336 C. 332.

Res judicata and collateral estoppel are appropriate defenses to consider in context of special motion to dismiss filed under section. 204 CA 818. Right to a hearing within sixty days is subject to a plaintiff's absolute right to withdraw an action at any time prior to a hearing, as afforded by Sec. 52-80. 217 CA 191.

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Notes of Decisions

Cited in 42 cases (40 in the last 5 years), 2020–2026 · leading case: Sicignano v. Pearce, 228 Conn. App. 664 (Conn. App. Ct. 2024).

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Sicignano v. Pearce, 228 Conn. App. 664 (Conn. App. Ct. 2024). · cites it 54× “9 8 General Statutes § 52-196a (b) provides: ‘‘In any civil action in which a party files a complaint, counterclaim or cross claim against an opposing party that is based on the opposing party’s exercise of its right of free speech, right to petition the government, or right of…”

Elder v. Kauffman, 204 Conn. App. 818 (Conn. App. Ct. 2021). · cites it 26× “On appeal, the plaintiff claims that the court improperly granted the defendants’ special motion to dismiss because (1) res judicata is not applicable to the anti- SLAPP1 statute, General Statutes § 52-196a,2 (2) res judi- cata is not applicable to this case, and (3) § 52-196a…”

Mulvihill v. Spinnato, 228 Conn. App. 781 (Conn. App. Ct. 2024). · cites it 37× “’’ General Statutes § 52-196a (e) (3). For a special motion to dismiss to be granted, the court must resolve both prongs in favor of the moving party.”

Priore v. Haig, 344 Conn. 636 (Conn. 2022). · cites it 12× “6 See General Statutes § 52-196a. Under this statutory scheme, a party may file a special motion to dismiss when the opposing party’s complaint is based on the moving party’s exer- cise of, among other things, the right of free speech or the right to petition the government in…”

Chapnick v. DiLauro, 212 Conn. App. 263 (Conn. App. Ct. 2022). · cites it 18× “The plaintiff Dominica Chapnick, individ- ually and as administratrix of the estate of Randall Chapnick,1 appeals from the portion of the judgment of the trial court dismissing, pursuant to Connecticut’s anti-SLAPP2 statute, General Statutes § 52-196a, the counts of the…”

Murphy v. Rosen, 351 Conn. 120 (Conn. 2025). · cites it 26× “See General Statutes § 52-196a. The trial court determined, as a matter of law, that the statements made by the defendant labeling the plaintiff as a ‘‘white supremacist’’ were nonactionable opinions.”

Aguilar v. Eick, 234 Conn. App. 281 (Conn. App. Ct. 2025). · cites it 101× “The plaintiff, Marcio Rene Aguilar, appeals from the judgment of the trial court granting the special motion to dismiss filed by the defendant, Janet Eick, pursuant to General Statutes § 52-196a, Connecticut’s anti-SLAPP statute.”

Lafferty v. Jones, 229 Conn. App. 487 (Conn. App. Ct. 2024). · cites it 5× “See General Statutes § 52-196a (b).6 The plaintiffs moved for limited discovery vis-à-vis the spe- cial motions to dismiss; see General Statutes § 52-196a (d); which the court granted on December 17, 2018.”

Pryor v. Brignole (Conn. App. Ct. 2025). · cites it 138× “3 General Statutes § 52-196a (e) (3) provides: ‘‘The court shall grant a special motion to dismiss if the moving party makes an initial showing, by a preponderance of the evidence, that the opposing party’s complaint, counterclaim or cross claim is based on the moving party’s…”

Birch Hill Recovery Ctr., LLC v. High Watch Recovery Ctr., Inc., 233 Conn. App. 182 (Conn. App. Ct. 2025). · cites it 20× “2 General Statutes § 52-196a provides in relevant part: ‘‘(b) In any civil action in which a party files a complaint, counterclaim or cross claim against an opposing party that is based on the opposing party’s exercise of its right of free speech, right to petition the…”

Kaufman v. Synnott (Conn. App. Ct. 2026). · cites it 69× “The defendant subsequently filed a special motion to dismiss pursuant to General Statutes § 52-196a (b),3 which the trial court granted.”

Pryor v. Brignole, 346 Conn. 534 (Conn. 2023). · cites it 24× “The sole issue in these certified appeals is whether the denial of a special motion to dismiss filed pursuant to our state’s anti-SLAPP1 statute, General Statutes § 52-196a,2 is an appealable final judg- ment.”

Show all 42 citing cases →

— Conn. Gen. Stat. § 52-196a(b) — 1 case

Ning v. Zyda (D. Conn. 2024).

— Conn. Gen. Stat. § 52-196a(e) — 1 case

Ning v. Zyda (D. Conn. 2024).

— Conn. Gen. Stat. § 52-196a(e)(2) — 2 cases

Lombardo (D. Conn. 2026).

Ning v. Zyda (D. Conn. 2024).

— Conn. Gen. Stat. § 52-196a(e)(3) — 1 case

Lombardo (D. Conn. 2026).

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