The proposed bill aims to establish a new chapter in Title 28 of the North Dakota Century Code that addresses vexatious litigation. It defines key terms such as "litigation," "vexatious conduct," and "vexatious litigant," outlining the criteria under which an individual may be classified as a vexatious litigant. This includes having a history of engaging in vexatious conduct, such as filing multiple unmeritorious motions or relitigating previously determined cases. The bill also stipulates that if a court finds an individual to be a vexatious litigant, it can issue a prefiling order that restricts the individual from filing new litigation or documents 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 maintain a roster of vexatious litigants subject to prefiling orders, which will be shared with the state court administrator and federal district courts in North Dakota. The Supreme Court is tasked with adopting rules to implement this chapter. The bill is declared an emergency measure, indicating its urgency for immediate enactment.