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North Dakota Senate Bill SB2382

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2382 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2382
4-(Senators Sickler, Hogue)
5-(Representative Lefor)
6-AN ACT to create and enact a new chapter to title 28 of the North Dakota Century Code, relating to
7-vexatious litigation; and to declare an emergency.
1+25.0666.03000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senators Sickler, Hogue
7+Representative Lefor
8+A BILL for an Act to create and enact a new chapter to title 28 of the North Dakota Century
9+Code, relating to vexatious litigation; and to declare an emergency.
810 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. A new chapter to title 28 of the North Dakota Century Code is created and enacted as
10-follows:
11+SECTION 1. A new chapter to title 28 of the North Dakota Century Code is created and
12+enacted as follows:
1113 Definitions.
1214 As used in this chapter:
13-1."Litigation" means any civil or disciplinary action or proceeding, small claims action, appeal
14-from an administrative agency, review of a referee order by the district court, or appeal to the
15-supreme court. The term does not include criminal actions.
15+1."Litigation" means any civil or disciplinary action or proceeding, small claims action,
16+appeal from an administrative agency, review of a referee order by the district court, or
17+appeal to the supreme court. The term does not include criminal actions.
1618 2."Vexatious conduct" means conduct that:
1719 a.Serves primarily to harass or maliciously injure another party in litigation;
18-b.Is not warranted under existing law and cannot be supported by a good faith argument
19-for an extension, modification, or reversal of existing law;
20+b.Is not warranted under existing law and cannot be supported by a good faith
21+argument for an extension, modification, or reversal of existing law;
2022 c.Is imposed solely for delay;
2123 d.Hinders the effective administration of justice;
2224 e.Imposes an unacceptable burden on judicial personnel and resources; or
2325 f.Impedes the normal and essential functioning of the judicial process.
24-3."Vexatious litigant" means a litigant, either self-represented or represented by an attorney,
25-who:
26-a.Has commenced, prosecuted, or maintained at least two litigations involving vexatious
27-conduct, which were finally determined adversely to the litigant in the past seven years;
26+3."Vexatious litigant" means a litigant, either self-represented or represented by an
27+attorney, who:
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29+ENGROSSED SENATE BILL NO. 2382
30+FIRST ENGROSSMENT
31+with House Amendments
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53+a.Has commenced, prosecuted, or maintained at least two litigations involving
54+vexatious conduct, which were finally determined adversely to the litigant in the
55+past seven years;
2856 b.After litigation has been finally determined, relitigates or attempts to relitigate:
29-(1)The validity of the determination against the same party as to whom the litigation
30-was finally determined; or
57+(1)The validity of the determination against the same party as to whom the
58+litigation was finally determined; or
3159 (2)The cause of action, claim, controversy, or any of the issues of fact or law,
32-determined or concluded by the final determination against the same party as to
33-whom the litigation was finally determined;
60+determined or concluded by the final determination against the same party
61+as to whom the litigation was finally determined;
3462 c.Repeatedly files unmeritorious motions, pleadings, or other papers, conducts
35-unnecessary discovery, or engages in any other tactics frivolous or intended to cause
36-unnecessary burden, expense, or delay; or S. B. NO. 2382 - PAGE 2
37-d.Has previously been declared a vexatious litigant by any state or federal court of record
38-in any action or proceeding.
63+unnecessary discovery, or engages in any other tactics frivolous or intended to
64+cause unnecessary burden, expense, or delay; or
65+d.Has previously been declared a vexatious litigant by any state or federal court of
66+record in any action or proceeding.
3967 Burden of proof - Entry of order restricting vexatious litigation.
40-1.If the court finds by a preponderance of the evidence an individual is a vexatious litigant, the
41-court shall enter a prefiling order restricting the vexatious litigant from filing new litigation or
42-filing documents within existing litigation without prior approval of the court.
68+1.If the court finds by a preponderance of the evidence an individual is a vexatious
69+litigant, the court shall enter a prefiling order restricting the vexatious litigant from filing
70+new litigation or filing documents within existing litigation without prior approval of the
71+court.
4372 2.A prefiling order must:
4473 a.Impose all costs of the vexatious litigation against the filing party; and
45-b.Award the opposing party reasonable attorney fees and costs associated with responding
46-to the vexatious litigant, including the cost of seeking the prefiling order.
74+b.Award the opposing party reasonable attorney fees and costs associated with
75+responding to the vexatious litigant, including the cost of seeking the prefiling
76+order.
4777 Roster.
48-The clerk of court shall provide a copy of any prefiling orders issued under this chapter to the state
49-court administrator and each United States district court in the state. The state court administrator shall
50-maintain a list of vexatious litigants subject to prefiling orders. Prefiling orders in effect under supreme
51-court rule before August 1, 2025, remain in effect.
78+The clerk of court shall provide a copy of any prefiling orders issued under this chapter to
79+the state court administrator and each United States district court in the state. The state court
80+administrator shall maintain a list of vexatious litigants subject to prefiling orders. Prefiling
81+orders in effect under supreme court rule before August 1, 2025, remain in effect.
5282 Rules - Authority.
5383 The supreme court shall adopt rules to implement this chapter.
54-SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. S. B. NO. 2382 - PAGE 3
55-____________________________ ____________________________
56-President of the Senate Speaker of the House
57-____________________________ ____________________________
58-Secretary of the Senate Chief Clerk of the House
59-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
60-Dakota and is known on the records of that body as Senate Bill No. 2382 and that two-thirds of the
61-members-elect of the Senate voted in favor of said law.
62-Vote: Yeas 42 Nays 2 Absent 3
63-____________________________ ____________________________
64-President of the Senate Secretary of the Senate
65-This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of
66-said law.
67-Vote: Yeas 72 Nays 21 Absent 1
68-____________________________ ____________________________
69-Speaker of the House Chief Clerk of the House
70-Received by the Governor at ________M. on _____________________________________, 2025.
71-Approved at ________M. on __________________________________________________, 2025.
72-____________________________
73-Governor
74-Filed in this office this ___________day of _______________________________________, 2025,
75-at ________ o’clock ________M.
76-____________________________
77-Secretary of State
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117+SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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