§634J-2 - Motion for order requiring plaintiff to post security.
[§634J-2] Motion for order requiring
plaintiff to post security. In any litigation pending in any court of this
State, at any time until final judgment is entered, a defendant may move the
court, upon notice and hearing, for an order requiring the plaintiff to furnish
security. The motion must be based upon the ground, and supported by a
showing, that the plaintiff is a vexatious litigant and that there is no
reasonable probability that the plaintiff will prevail in the litigation
against the moving defendant. [L 1993, c 124, pt of §1]
Case Notes
As matters under this section are not exceptional matters,
while a family court case (including an independent action) is on appeal, the
family court has no jurisdiction to act in the case on appeal pursuant to this
chapter absent prior permission by the appellate court having jurisdiction over
the appeal. 97 H. 340 (App.), 37 P.3d 589.