Pa. Cons. Stat. » 27 Pa. Cons. Stat. (ENVIRONMENTAL RESOURCES) / Chapter 83
Pennsylvania Consolidated Statutes

27 Pa. Cons. Stat. § 8303 (2026)

 Right to a hearing.

✓ current as of May 2026
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§ 8303.  Right to a hearing.

A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court requesting the court to conduct a hearing to determine the preliminary issue of immunity. If a motion is filed, the court shall then conduct a hearing and if the motion is denied, the moving party shall have an interlocutory appeal of right to the Commonwealth Court, during which time all discovery shall be stayed.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2005–2023 · leading case: Pennsbury Vill. Assocs., LLC v. McIntyre, 11 A.3d 906 (Pa. 2011).
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Pennsbury Vill. Assocs., LLC v. McIntyre, 11 A.3d 906 (Pa. 2011). · cites it 2× “When the trial court did not rule on the preliminary objections, appellee moved for immunity pursuant to 27 Pa.C.S. § 8303 of the Act, which provides: A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court…”
Penllyn Greene Assocs., L.P. v. Clouser, 890 A.2d 424 (Pa. Commw. Ct. 2005). · cites it 3× “See 27 Pa.C.S. § 8303. Residents refer to the lawsuit brought against them by Developers as a SLAPP suit and refer to the Act as an "anti-SLAPP” statute.”
Carlson v. Ciavarelli, 100 A.3d 731 (Pa. Commw. Ct. 2014). “If the court determines [that] this threshold is satisfied, the party opposing immunity must then demonstrate one of the statutory exceptions applies, id., § 8302(b), or that some other overriding legal basis defeats the immunity claim.”
In Re: Order Amending Rule 311 & 312 of the Pennsylvania Rules of Appellate Procedure, No. 302 Appellate Court Rules (Pa. Sept. 8, 2022). · cites it 2× “For example, see 27 Pa.C.S. § 8303. The Pennsylvania Rules of Civil Procedure, the Pennsylvania Rules of Criminal Procedure, etc.”
J. Maransky v. J. Scott, No. 559 C.D. 2018 (Pa. Commw. Ct. Apr. 5, 2019). “On appeal, Scott argues that the trial court was required to hold a hearing on his motion pursuant to Section 8303 of the Act and to afford him an opportunity to present evidence as to his qualification for immunity from Developers’ civil action.”
In Re: Order Amending Rules 311 & 341 of the Pennsylvania Rules of Appellate Procedure, No. 292 Appellate Court Rules (Pa. Mar. 9, 2021). “For example, see 27 Pa.C.S. § 8303. The Pennsylvania Rules of Civil Procedure, the Pennsylvania Rules of Criminal Procedure, etc.”
In Re: Order Amending Rule 311 & 312 of the Pennsylvania Rules of Appellate Procedure, No. 302 Appellate Court Rules (Pa. Sept. 8, 2022). “For example, see 27 Pa.C.S. § 8303. The Pennsylvania Rules of Civil Procedure, the Pennsylvania Rules of Criminal Procedure, etc.”
Smith v. Supple, 293 A.3d 851 (Conn. 2023). “2005) (noting right to ‘‘an interlocutory appeal as of right’’ from denial of special motion to dismiss based on ‘‘immunity’’ under Pennsylvania’s anti-SLAPP statute, 27 Pa. Cons. Stat. § 8303 ), appeal denied, 591 Pa.”
In Re: Order Amending Rule 311, 341, & 904 of the Pennsylvania Rules of Appellate Procedure, No. 258 Appellate Procedural Rules Docket (Pa. Dec. 14, 2015). “For example, see 27 Pa.C.S. § 8303. The [current text of the]Pennsylvania Rules of Civil Procedure, the Pennsylvania Rules of Criminal Procedure, etc.”
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