This bill establishes a new chapter in Title 28 of the North Dakota Century Code focused on addressing vexatious litigation. It defines key terms such as "litigation," "vexatious conduct," and "vexatious litigant," outlining the criteria for identifying individuals who engage in vexatious conduct, including those who have previously been declared vexatious litigants by any court. The bill stipulates that if a court finds an individual to be a vexatious litigant by a preponderance of the evidence, it must issue a prefiling order that restricts the individual from filing new litigation or documents in existing cases without prior court approval.
Additionally, the bill mandates that the costs associated with vexatious litigation be imposed on the filing party, and it allows for the awarding of reasonable attorney fees to the opposing party. The clerk of court is required to provide copies of prefiling orders to the state court administrator, who will maintain a list of vexatious litigants. The North Dakota Supreme Court is tasked with adopting rules to implement this chapter. The bill is declared an emergency measure, indicating its immediate necessity for the judicial system.