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'''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. | '''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. | '''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. | ||