Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Judiciary Vexatious Litigants topic
No spam. Unsubscribe anytime.
House passes bill tightening pre-filing rules for ‘vexatious’ litigants
Summary
The North Dakota House approved Senate Bill 2382 to codify restrictions on repeat frivolous filers, passing the bill 72-21 with an emergency clause. Supporters said it protects defendants and reduces duplicative filings; opponents warned it could limit access to courts.
The North Dakota House of Representatives on Wednesday approved Senate Bill 2382, a measure that would place statutory limits on so-called vexatious litigants and require pre‑filing review in some cases, by a final vote of 72 yea to 21 nay. The bill also carries an emergency clause, which passed with the bill.
The legislation, described Tuesday on the House floor by Representative Carls, would add language to Title 28 of the North Dakota Century Code and is closely modeled on the North Dakota Supreme Court Administrative Rule 58. "A vexatious litigant is someone who files multiple lawsuits against another person for the purpose of burying him in paper," Representative Carls said during floor debate, explaining the bill’s intent to curb repeated, harassing litigation.
Supporters said the bill strikes a balance between preserving access to court and protecting individuals who face repeated, duplicative filings. Representative Killeen, chair of the House Judiciary Committee, told the chamber the committee recommended amendments and a do‑pass recommendation; the committee vote was recorded as seven yeas, six nays and one absent or excused on the engrossed version.
Opponents raised constitutional concerns. Representative Van Winkle said the bill could "deny our citizens their constitutional right to access the courts," and urged colleagues to vote no. Van Winkle cited existing remedies such as Rule 11 of the Federal Rules of Civil Procedure and North Dakota Century Code 28‑26‑01, which can allow sanctions or award attorney fees in some cases.
The bill would lower the number of prior adverse findings needed for a court to deem someone vexatious from three to two in certain circumstances, and would direct state district court clerks to provide copies of any pre‑filing orders to the state court administrator and each U.S. district court in North Dakota. Those who are the subject of a pre‑filing order would be required to seek leave of the court before filing new litigation or new documents in existing litigation.
Representative Carls illustrated the problem with a cited case that opened as a divorce in February 2012 and, by May 2021, had amassed 1,666 filings; by March of the current year the case had 2,086 filings. "Since an order determining the defendant to be vexatious was entered, there have been far fewer filings," he said.
After the roll call, the clerk announced the final tally: 72 yea, 21 nay. The House declared Senate Bill 2382 passed and that the emergency clause carries.
