--file: Difference between revisions

Line 31:

'''The special motion and the clock.''' NRS 41.660 authorizes a special motion to dismiss. It must be filed within 60 days after service of the complaint, a deadline the court may extend only for good cause shown.<ref name="nrs41660">Nev. Rev. Stat. § 41.660. {{Cite web |url=https://www.leg.state.nv.us/nrs/nrs-041.html |title=NRS Chapter 41 |publisher=Nevada Legislature |access-date=2026-06-02}}</ref> The 60-day window, measured from the date Prowse is personally served, is the most important date in the entire case.

'''Burden shifting.''' On the motion, the court first decides whether the defendant has shown, by a preponderance of the evidence, that the claim is based on a protected good-faith communication. If the defendant clears that bar, the burden flips: the plaintiff must then show, with prima facie evidence, a probability of prevailing on the claim.<ref name="nrs41660" /> The Nevada Supreme Court reviews these rulings de novo and has confirmed the two-prong structure.<ref name="coker">''Coker v. Sassone'', 135 Nev. 8, 432 P.3d 746 (2019). [https://caselaw.findlaw.com/court/nv-supreme-court/1975279.html Opinion via FindLaw].</ref>

'''Burden shifting.''' On the motion, the court first decides whether the defendant has shown, by a preponderance of the evidence, that the claim is based on a protected good-faith communication. If the defendant clears that bar, the burden flips: the plaintiff must then show, with ''prima facie'' evidence, a probability of prevailing on the claim.<ref name="nrs41660" /> The Nevada Supreme Court reviews these rulings de novo and has confirmed the two-prong structure.<ref name="coker">''Coker v. Sassone'', 135 Nev. 8, 432 P.3d 746 (2019). [https://caselaw.findlaw.com/court/nv-supreme-court/1975279.html Opinion via FindLaw].</ref>

'''Discovery is frozen.''' Filing the special motion stays discovery while the motion, and any appeal from it, is pending.<ref name="nrs41660" /> This is the part that defeats the usual playbook of a well-funded plaintiff: Dragonfly cannot bury Prowse in depositions and document demands to raise his costs while the motion is decided.

@@ Line 31: / Line 31: @@
 '''The special motion and the clock.''' NRS 41.660 authorizes a special motion to dismiss. It must be filed within 60 days after service of the complaint, a deadline the court may extend only for good cause shown.<ref name="nrs41660">Nev. Rev. Stat. § 41.660. {{Cite web |url=https://www.leg.state.nv.us/nrs/nrs-041.html |title=NRS Chapter 41 |publisher=Nevada Legislature |access-date=2026-06-02}}</ref> The 60-day window, measured from the date Prowse is personally served, is the most important date in the entire case.
-'''Burden shifting.''' On the motion, the court first decides whether the defendant has shown, by a preponderance of the evidence, that the claim is based on a protected good-faith communication. If the defendant clears that bar, the burden flips: the plaintiff must then show, with prima facie evidence, a probability of prevailing on the claim.<ref name="nrs41660" /> The Nevada Supreme Court reviews these rulings de novo and has confirmed the two-prong structure.<ref name="coker">''Coker v. Sassone'', 135 Nev. 8, 432 P.3d 746 (2019). [https://caselaw.findlaw.com/court/nv-supreme-court/1975279.html Opinion via FindLaw].</ref>
+'''Burden shifting.''' On the motion, the court first decides whether the defendant has shown, by a preponderance of the evidence, that the claim is based on a protected good-faith communication. If the defendant clears that bar, the burden flips: the plaintiff must then show, with ''prima facie'' evidence, a probability of prevailing on the claim.<ref name="nrs41660" /> The Nevada Supreme Court reviews these rulings de novo and has confirmed the two-prong structure.<ref name="coker">''Coker v. Sassone'', 135 Nev. 8, 432 P.3d 746 (2019). [https://caselaw.findlaw.com/court/nv-supreme-court/1975279.html Opinion via FindLaw].</ref>
 '''Discovery is frozen.''' Filing the special motion stays discovery while the motion, and any appeal from it, is pending.<ref name="nrs41660" /> This is the part that defeats the usual playbook of a well-funded plaintiff: Dragonfly cannot bury Prowse in depositions and document demands to raise his costs while the motion is decided.