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Michigan's new anti-SLAPP law changes what it costs a board to sue a critic

Michigan · Courts

Michigan's new anti-SLAPP law changes what it costs a board to sue a critic

What happened. Michigan's first substantial anti-SLAPP statute took effect on 24 March 2026. The Uniform Public Expression Protection Act, 2025 PA 52 (House Bill 4045), was signed on 23 December 2025 and is codified at MCL 691.1851 to 691.1863.1

It is the most consequential change to the economics of Michigan association disputes in this legislative session, and it did not come from a housing bill.

What the statute does

It creates a special motion for expedited relief to dismiss an “eligible cause of action” — one based on a communication in a governmental proceeding, on an issue under review in one, or on the exercise of the rights of speech, press, assembly, petition or association on a matter of public concern.

The mechanics are aggressive by design:

  • The motion must be filed not later than 60 days after service, or later on good cause.
  • Filing it automatically stays all other proceedings, including discovery, and any pending hearing or motion.
  • The court must hear the motion within 60 days and rule within 60 days of the hearing.
  • A denial is appealable as of right within 21 days.
  • Section 10: the court shall award court costs, reasonable attorney fees and reasonable litigation expenses to a prevailing movant. The responding party recovers only if the motion was frivolous or filed solely to delay.

It applies to actions filed, and causes of action asserted, on or after the effective date.

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  1. 2025 PA 52 (House Bill 4045), Uniform Public Expression Protection Act — enrolled act text ↩
  2. MCL Act 52 of 2025 — act index showing effective date 24 March 2026, MCL 691.1851 et seq. ↩

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