§ 25-21,246.Action involving public petition and participation; motion for summary judgment; when granted.

Section 25-21,246 is the summary-judgment counterpart to the special motion to dismiss in section 25-21,245, and it too stands apart from Nebraska’s general-purpose summary judgment standard, section 25-1332. Under the ordinary rule, the party moving for summary judgment must show there is no genuine issue of material fact and that it is entitled to judgment as a matter of law, based on the full evidentiary record. Here, the moving party need only show that the claim, cross-claim, or counterclaim under attack is an action involving public petition and participation.

Once that showing is made, the burden shifts to the party opposing the motion. That party must demonstrate that the claim has a substantial basis in fact and law — a slightly heavier showing than the law-only test in section 25-21,245, reflecting the fact that a summary judgment motion typically comes after some factual development. If the opposing party falls short, the motion must be granted; the court has no discretion to deny it once that framework plays out against the plaintiff.

As with the special motion to dismiss, the Legislature paired this motion with a scheduling command: the court shall grant preference in the hearing of the motion. That preference moves the motion ahead in the queue, so a defendant sued over public petitioning activity is not left waiting behind an ordinary civil docket to get a final ruling.