UNOFFICIAL COPY 23 RS BR 1192
Page 1 of 1
XXXX 2/10/2023 8:36 AM Jacketed
AN ACT relating to legal actions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 454.478 is amended to read as follows: 3
(1) On a motion under KRS 454.464, or the appeal of an order granting or denying a 4
motion under KRS 454.464, the court shall award court costs, reasonable attorney's 5
fees, and reasonable litigation expenses related to the motion: 6
(a)[(1)] To the moving party if the moving party prevails on the motion; or 7
(b)[(2)] To the responding party if the responding party prevails on the motion 8
and the court finds that the motion was brought without good cause. 9
(2) If the court finds that the responding party has not fully paid any attorney's fees 10
and costs imposed under this section within sixty (60) days from final judgment, 11
the court may declare that the responding party is a vexatious litigant and may 12
enjoin the responding party from filing any additional actions until the attorney's 13
fees and costs are paid. 14
(3) Upon a second or subsequent order granting a motion under KRS 454.464 in 15
favor of the moving party against the same responding party, the court may find 16
the responding party to be a vexatious litigant and may issue an anti-suit 17
injunction against the responding party, subjecting any future actions, or 18
category of actions, to a court screening requirement prior to the acceptance of 19
any filing by the clerk of the court. 20