A.
Art. 971.Special Motion to Strike
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Last amended 2012 · Last verified July 30, 2026
In one sentenceArticle 971 lets a defendant strike a claim arising from an act of petitioning the government or exercising free speech on a public issue unless the plaintiff shows a probability of success, awards attorney fees to the prevailing party, stays discovery while the motion is pending, and exempts government enforcement actions.
Full Text of Art. 971
(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established a probability of success on the claim.
(2) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(3) If the court determines that the plaintiff has established a probability of success on the claim, that determination shall be admissible in evidence at any later stage of the proceeding.
B. In any action subject to Paragraph A of this Article, a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs.
C.
(1) The special motion may be filed within ninety days of service of the petition, or in the court's discretion, at any later time upon terms the court deems proper.
(2) If the plaintiff voluntarily dismisses the action prior to the running of the delays for filing an answer, the defendant shall retain the right to file a special motion to strike within the delays provided by Subparagraph (1) of this Paragraph, and the motion shall be heard pursuant to the provisions of this Article.
(3) The motion shall be noticed for hearing not more than thirty days after service unless the docket conditions of the court require a later hearing.
D. All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this Article. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. Notwithstanding the provisions of this Paragraph, the court, on noticed motion and for good cause shown, may order that specified discovery be conducted.
E. This Article shall not apply to any enforcement action brought on behalf of the state of Louisiana by the attorney general, district attorney, or city attorney acting as a public prosecutor.
F. As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise:
(1) "Act in furtherance of a person's right of petition or free speech under the United States or Louisiana Constitution in connection with a public issue" includes but is not limited to:
(a) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law.
(b) Any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official body authorized by law.
(c) Any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.
(d) Any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.
(2) "Petition" includes either a petition or a reconventional demand.
(3) "Plaintiff" includes either a plaintiff or petitioner in a principal action or a plaintiff or petitioner in reconvention.
(4) "Defendant" includes either a defendant or respondent in a principal action or a defendant or respondent in reconvention.
Amendment History
Acts 1999, No. 734, §1; Acts 2004, No. 232, §1; Acts 2012, No. 449, §1.
Plain-English Summary
Article 971 is Louisiana's answer to lawsuits filed to punish someone for speaking out or petitioning the government, rather than to redress genuine harm. When a claim arises from an act in furtherance of the defendant's right to petition or free speech, under either the federal or Louisiana constitution, on a public issue, the defendant can bring a special motion to strike that claim — and the plaintiff loses unless he can show a probability of success on the merits. The court decides that question from the pleadings and any supporting or opposing affidavits, not a full trial, and if the plaintiff clears that bar, the ruling itself becomes admissible evidence later in the case.
The article backs the motion with real consequences on both sides. A party who prevails on the special motion gets attorney fees and costs, which discourages both filing a meritless speech-related claim and filing a meritless motion to strike a legitimate one. And once the motion is filed, discovery in the case stops automatically, though the court can still allow specific discovery on a noticed motion for good cause — protecting a defendant from the cost of litigating a case that may not survive the motion at all.
Paragraph F defines an act in furtherance of the right of petition or free speech broadly: statements made before a legislative, executive, or judicial proceeding; statements connected to an issue those bodies are considering; statements made in a public place or forum on a matter of public interest; and any other conduct that furthers petition or speech rights on a public issue. The article also reaches beyond a defendant in name only — a plaintiff in a reconventional demand can use the special motion to strike against a claim brought against him, just as an original defendant can.
One carve-out matters for anyone worried the article could shield genuine wrongdoing: it doesn't apply to an enforcement action brought by the state's attorney general, a district attorney, or a city attorney acting as a public prosecutor. Government enforcement of the law isn't the kind of lawsuit Article 971 was built to slow down.
Frequently Asked Questions
What is a special motion to strike under Article 971?
A motion that lets a defendant strike a claim that arises from the defendant's exercise of free speech or the right to petition the government on a public issue, unless the plaintiff shows a probability of success on the claim.
How quickly does a special motion to strike have to be filed?
Generally within 90 days of service of the petition, though the court has discretion to allow it later on proper terms.
Does filing a special motion to strike stop discovery in the case?
Yes. Filing the motion automatically stays discovery until the ruling is entered, though the court can allow specific discovery for good cause shown.
Who is exempt from a special motion to strike?
Enforcement actions brought by the attorney general, a district attorney, or a city attorney acting as a public prosecutor aren't subject to the special motion to strike.
Can a prevailing defendant recover attorney fees on a special motion to strike?
Yes. Article 971(B) awards reasonable attorney fees and costs to whichever party prevails on the motion.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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