[§634J-7]  Vexatious litigant; prefiling
order prohibiting filing of new litigation.  (a)  In addition to any other
relief provided in this chapter, the court, on its own motion or the motion of
any party, may enter a prefiling order which prohibits a vexatious litigant
from filing any new litigation in the courts of this State on the litigant's
own behalf without first obtaining leave of the presiding judge of the court
where the litigation is proposed to be filed.  Disobedience of this order by a
vexatious litigant may be punished as a contempt of court.



(b)  The presiding judge shall permit the
filing of litigation only if it appears, after hearing, that the litigation has
merit and has not been filed for the purposes of harassment or delay.  The
presiding judge may condition the filing of the litigation upon the furnishing
of security for the benefit of the defendants as provided in section 634J-4.



(c)  The clerk shall not file any litigation
presented by a vexatious litigant subject to a prefiling order unless the
vexatious litigant first obtains an order from the presiding judge permitting
the filing.  If the clerk mistakenly files the litigation without an order, any
party may file with the clerk and serve on the plaintiff and other parties a
notice stating that the plaintiff is a vexatious litigant subject to a
prefiling order as set forth in subsection (a).  The filing of this notice
shall automatically stay the litigation.  The litigation shall be automatically
dismissed unless the plaintiff within ten days of the filing of such notice
obtains an order from the presiding judge permitting the filing of the
litigation as set forth in subsection (b).  If the presiding judge issues an
order permitting the filing, the stay of the litigation shall remain in effect,
and the defendants need not plead until ten days after the defendants are
served with a copy of any such order.



(d)  The clerk of the court shall provide the
supreme court clerk's office a copy of any prefiling orders issued pursuant to
subsection (a).  The supreme court clerk's office shall maintain a record of
vexatious litigants subject to prefiling orders and shall annually disseminate
a list of vexatious litigants to the clerks of the courts of this State. [L
1993, c 124, pt of §1]



 



Case Notes



 



  Chapter 634J and this section are applicable where a party
seeks to maintain litigation in an existing case, such as by the filing of a
motion, as well as to the filing of an entirely new case.  102 H. 289, 75 P.3d
1180.



  Where vexatious litigant was only restrained from bringing
unmeritorious litigation, which could be restricted in any event, litigant's
due process right not impacted in present or future cases; as trial court held
a hearing to review litigant's objections to prefiling order, order imposed on
litigant under this section satisfied procedural due process because it
afforded litigant notice and an opportunity to be heard.  102 H. 289, 75 P.3d
1180.



  Subsection (a) prefiling order prohibiting a vexatious
litigant from filing any new litigation in state courts intended to apply only
to pro se litigants.  98 H. 95 (App.), 43 P.3d 232.