Colorado Light Green
Subgrades  
Covered Speech: B-
Anti-SLAPP Procedures: A
Subscores  
Covered Speech: 75 out of 100 points
Anti-SLAPP Procedures: 95 out of 100 points
Detailed Scoring on Anti-SLAPP Procedures  
Suspension of Court Proceedings Upon an Anti-SLAPP Motion: 18 of 20 points
Burden of Proof on Plaintiff to Defeat an Anti-SLAPP Motion: 12 of 12 points
Right to an Immediate Appeal: 25 of 25 points
Award of Costs and Attorney Fees: 40 of 40 points
Expansive Statutory Interpretation Instruction to Courts: 0 of 3 points

State Anti-SLAPP Statute

Colorado’s anti-SLAPP statute[1] protects (1) statements made before a legislative, executive, or judicial body, (2) statements made before any legally authorized official proceeding, (3) statements made in connection with an issue under consideration or review by a legislative, executive, or judicial body, (4) statements made in connection with an issue under consideration or review by any legally authorized official proceeding, (5) statements made in public or in a public forum made in connection with an issue of public interest, and (6) any other conduct or communication that furthers rights of free speech or petition in connection with a public issue or an issue of public interest. (However, the statute also carves out several content-related exemptions from the broad principles stated above, such as those related to selling or leasing goods and services.) Although discovery is stayed once an anti-SLAPP motion is filed, a court may nonetheless order that specified discovery may be conducted if good cause is shown. In order to prevail against an anti-SLAPP motion, the respondent must establish that there is a reasonable likelihood of prevailing at trial. The statute provides for interlocutory appeal of an order granting or denying an anti-SLAPP motion. Generally, a court must award costs and attorney fees to the prevailing movant on an anti-SLAPP motion; conversely, if the court finds the motion to be frivolous or solely intended to cause unnecessary delay, then it must award costs and attorney fees to the prevailing respondent.

[1] Col. Rev. Stat. Ann. § 13-20-1101.

Dan Greenberg & David Keating

https://www.ifs.org/author/dgreenburg/

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