RI
Rhode Island House Bill H5883

Rhode Island 2023 Regular Session

Rhode Island House Bill H5883 Compare Versions

OldNewDifferences
11
22
33
44
5-2023 -- H 5883 SUBSTITUTE A
5+2023 -- H 5883
66 ========
7-LC002110/SUB A
7+LC002110
88 ========
99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- ABUSIVE LITIGATION
1616 Introduced By: Representatives Kazarian, Donovan, Casimiro, Felix, Diaz, Spears,
1717 Caldwell, Craven, McEntee, and Dawson
1818 Date Introduced: March 01, 2023
1919 Referred To: House Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. The general assembly makes the following findings of fact: 1
2424 (1) The legislature recognizes that individuals who abuse their intimate partners often 2
2525 misuse court proceedings in order to control, harass, intimidate, coerce, and/or impoverish the 3
2626 abused partner. Court proceedings can provide a means for an abuser to exert and reestablish power 4
2727 and control over a domestic violence survivor long after a relationship has ended. The legal system 5
2828 unwittingly becomes another avenue that abusers exploit to cause psychological, emotional, and 6
2929 financial devastation. This misuse of the court system by abusers has been referred to as legal 7
3030 bullying, stalking through the courts, paper abuse, and similar terms. 8
3131 (2) The legislature finds that the term "abusive litigation" is the most common term and 9
3232 that it accurately describes this problem. Abusive litigation against domestic violence survivors 10
3333 arises in a variety of contexts. Family law cases such as dissolutions, legal separations, parenting 11
3434 plan actions or modifications, and protection order proceedings are particularly common forums 12
3535 for abusive litigation. 13
3636 (3) It is also not uncommon for abusers to file civil lawsuits against survivors, such as 14
3737 defamation, tort, or breach of contract claims. Even if a lawsuit is meritless, forcing a survivor to 15
3838 spend time, money, and emotional resources responding to the action provides a means for the 16
3939 abuser to assert power and control over the survivor. 17
4040 (4) The legislature finds that courts have considerable authority to respond to abusive 18
4141 litigation tactics, while upholding litigants' constitutional rights to access to the courts. Recognizing 19
4242
4343
44-LC002110/SUB A - Page 2 of 8
44+LC002110 - Page 2 of 9
4545 that courts have inherent authority to control the conduct of litigants, they have considerable 1
4646 discretion to fashion creative remedies in order to curb abusive litigation. The legislature intends 2
4747 to provide the courts with an additional tool to curb abusive litigation and to mitigate the harms 3
4848 abusive litigation perpetuates. 4
4949 SECTION 2. Title 8 of the General Laws entitled "COURTS AND CIVIL PROCEDURE 5
5050 — COURTS" is hereby amended by adding thereto the following chapter: 6
5151 CHAPTER 8.4 7
5252 ABUSIVE LITIGATION 8
5353 8-8.4-1. Definitions. 9
5454 As used in this chapter, the following words shall have the following meanings: 10
5555 (1) “Abusive litigation” means litigation where the following apply: 11
5656 (i) The opposing parties have a current or former family or household member relationship 12
5757 or there has been a civil order or criminal conviction determining that one of the parties stalked or 13
58-sexually assaulted the other party; and 14
58+sexually assaulted the other party; 14
5959 (ii) The party who is filing, initiating, advancing, or continuing the litigation has been found 15
6060 by a court to have abused, stalked, or sexually assaulted the other party, pursuant to: 16
61-(A) A final protective order entered pursuant to §§ 8-8.1-3 or 15-5-19; 17
61+(A) A final protective order entered pursuant to § 8-8.1-3 or § 15-5-19; 17
6262 (B) A no contact order entered pursuant to § 12-29-4; 18
6363 (C) A final sexual assault protective order entered pursuant to § 11-37.2-2; 19
6464 (D) A final foreign abuse prevention order entered pursuant to § 12-29-1.1; 20
6565 (E) A final order for alimony or custody of children, entered pursuant to § 15-5-16; 21
6666 (F) A criminal conviction or a plea of nolo contendere, in this state or any other jurisdiction 22
6767 for any of the crimes enumerated in § 12-29-2 or a filing for any domestic violence offense 23
6868 enumerated in this chapter; 24
69-(G) A pending criminal charge, in this state or any other jurisdiction, of domestic violence, 25
70-wherein the court has imposed criminal conditions of release pertaining to the safety of the victim; 26
71-or 27
72-(H) A signed affidavit from a domestic violence or sexual assault advocate or counselor 28
73-working on behalf of an agency that assists victims of domestic violence and sexual assault; and 29
74-(iii) The primary purpose of the litigation is found to be the abuse, harassment, 30
75-intimidation, or threatening of the other party, or to maintain contact with the other party. 31
76-(2) “Family or household member” means current or former intimate partners, spouses, 32
77-former spouses, persons related by blood or marriage, persons who are presently residing together 33
78-or who have resided together in the past three (3) years, and persons who have a child in common, 34
69+(G) A court determination, in this state or any other jurisdiction of probable cause for a 25
70+charge of a crime of domestic violence enumerated in this chapter, wherein the court imposed 26
71+criminal conditions of release pertaining to the safety of the victim, which include, but are not 27
72+limited to, distance restrictions or restrictions on contact with the victim; or 28
73+(H) A signed affidavit from a licensed medical professional or mental healthcare provider, 29
74+social worker, employee of a state agency acting within the scope of their employment to assist 30
75+victims of domestic violence or sexual assault, a domestic violence or sexual assault advocate or 31
76+counselor working on behalf of an agency that assists victims of domestic violence and sexual 32
77+assault. 33
78+(iii) The litigation is being initiated, advanced, or continued primarily for the purpose of 34
7979
8080
81-LC002110/SUB A - Page 3 of 8
82-regardless of whether they have been married or have lived together, or persons who are, or have 1
83-been, in a dating or engagement relationship within the past year. 2
84-(3) “Foreign abuse prevention order” means any protection order issued by the court of any 3
85-other state that contains provisions similar to relief provisions authorized under this chapter, or the 4
86-Rhode Island rules of domestic relations procedure. “Other state” and “issuing state” mean any 5
87-state other than Rhode Island and any federally recognized Indian tribe, territory or possession of 6
88-the United States, the Commonwealth of Puerto Rico, or the District of Columbia. 7
89-(4) “Litigation” means any kind of legal action or proceeding, including, but not limited 8
90-to: 9
91-(i) A filing of a summons, complaint, or petition; 10
92-(ii) Serving a summons, complaint, or petition, regardless of whether it has been filed; 11
93-(iii) Filing a motion, notice of court date, or order to appear; 12
94-(iv) Serving a motion, notice of court date, or order to appear, regardless of whether it has 13
95-been filed or scheduled; 14
96-(v) Filing a subpoena, subpoena duces tecum, interrogatories, request for production of 15
97-documents, notice of deposition, or other discovery request; or 16
98-(vi) Serving a subpoena, subpoena duces tecum, interrogatories, request for production of 17
99-documents, notice of deposition, or other discovery request. 18
100-(5) “Perpetrator of abusive litigation” means a person who files, initiates, advances, or 19
101-continues litigation in violation of an order restricting abusive litigation. 20
102-8-8.4-2. Order restricting abusive litigation. 21
103-(a) A party may request from the court an order restricting litigation alleged to be abusive 22
104-if the requesting party can show: 23
105-(1) The opposing parties have a current or former family or household member relationship 24
106-or there has been a civil order or criminal conviction determining that one of the parties stalked or 25
107-sexually assaulted the other party; and 26
108-(2) The party who is filing, initiating, advancing, or continuing the litigation has been found 27
109-by a court to have abused, stalked, or sexually assaulted the other party pursuant to: 28
110-(i) A final protective order entered pursuant to §§ 8-8.1-3 or 15-5-19; 29
111-(ii) A no contact order entered pursuant to § 12-29-4; 30
112-(iii) A final sexual assault protective order entered pursuant to § 11-37.2-2; 31
113-(iv) A final foreign abuse prevention order entered pursuant to § 12-29-1.1; 32
114-(v) A final order for alimony or custody of children, entered pursuant to § 15-5-16; 33
115-(vi) A criminal conviction for any of the enumerated crimes defined in § 12-29-2 or a filing 34
81+LC002110 - Page 3 of 9
82+abusing, harassing, intimidating, threatening, or maintaining contact with the other party, and at 1
83+least one of the following factors apply: 2
84+(A) Claims, allegations, or other legal contentions made in the litigation are not warranted 3
85+by existing law or by a reasonable argument for the extension, modification, or reversal of existing 4
86+law, or the establishment of new law; 5
87+(B) Allegations and other factual contentions made in the litigation are without adequate 6
88+evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for 7
89+further investigation; or 8
90+(C) An issue or issues that are the basis of the litigation have previously been filed in one 9
91+or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably 10
92+to the party filing, initiating, advancing, or continuing the litigation. 11
93+(2) “Family or household member” means current or former intimate partners, spouses, 12
94+former spouses, persons related by blood or marriage, persons who are presently residing together 13
95+or who have resided together in the past three (3) years, and persons who have a child in common, 14
96+regardless of whether they have been married or have lived together, or persons who are, or have 15
97+been, in a dating or engagement relationship within the past year. 16
98+(3) “Foreign abuse prevention order” means any protection order issued by the court of any 17
99+other state that contains provisions similar to relief provisions authorized under this chapter, or the 18
100+Rhode Island rules of domestic relations procedure. “Other state” and “issuing state” mean any 19
101+state other than Rhode Island and any federally recognized Indian tribe, territory or possession of 20
102+the United States, the Commonwealth of Puerto Rico, or the District of Columbia. 21
103+(4) “Litigation” means any kind of legal action or proceeding, including: 22
104+(i) A filing of a summons, complaint, or petition; 23
105+(ii) Serving a summons, complaint, or petition, regardless of whether it has been filed; 24
106+(iii) Filing a motion, notice of court date, or order to appear; 25
107+(iv) Serving a motion, notice of court date, or order to appear, regardless of whether it has 26
108+been filed or scheduled; 27
109+(v) Filing a subpoena, subpoena duces tecum, interrogatories, request for production of 28
110+documents, notice of deposition, or other discovery request; or 29
111+(vi) Serving a subpoena, subpoena duces tecum, interrogatories, request for production of 30
112+documents, notice of deposition, or other discovery request. 31
113+(5) “Perpetrator of abusive litigation” means a person who files, initiates, advances, or 32
114+continues litigation in violation of an order restricting abusive litigation. 33
115+8-8.4-2. Order restricting abusive litigation. 34
116116
117117
118-LC002110/SUB A - Page 4 of 8
119-for any domestic violence offense enumerated in this chapter; 1
120-(vii) A pending criminal charge, in this state or any other jurisdiction, of domestic violence, 2
121-wherein the court has imposed criminal conditions of release pertaining to the safety of the victim; 3
122-or 4
123-(viii) A signed affidavit from a domestic violence or sexual assault advocate or counselor 5
124-working on behalf of an agency that assists victims of domestic violence and sexual assault. 6
125-(b) A party who meets the requirements of subsection (a) of this section may request an 7
126-order restricting abusive litigation: 8
127-(1) In any answer or response to the litigation being filed, initiated, advanced, or continued; 9
128-(2) By motion made at any time during any open or ongoing case; 10
129-(3) In an answer or response to any motion or request for an order; 11
130-(4) Orally in any hearing; or 12
131-(5) By petition. 13
132-(c) In the event no formal complaint, motion, petition, or other pleading has been filed, the 14
133-superior court shall have jurisdiction to hear the request and issue an order restricting abusive 15
134-litigation. 16
135-(d) In the event litigation alleged to be abusive is filed in the district court, the district court 17
136-is authorized to hear a request for an order restricting abusive litigation. 18
137-(e) In the event litigation alleged to be abusive is filed in the family court, the family court 19
138-is authorized to hear a request for an order restricting abusive litigation. 20
139-(f) Upon the request of a party for an order restricting abusive litigation the court shall hold 21
140-a hearing to determine if a party is engaging in abusive litigation. 22
141-(g) The court administrator shall create forms for a petition or motion for an order 23
142-restricting abusive litigation and the form for an order restricting abusive litigation, and the forms 24
143-shall be maintained by the clerks of the courts. 25
144-(h) No filing fee shall be charged to the responding party for proceedings pursuant to this 26
145-section. 27
146-(i) The provisions of this section are nonexclusive and shall not affect any other available 28
147-remedy. 29
148-8-8.4-3. Hearing – Procedure. 30
149-At the hearing, evidence of any of the following shall create a rebuttable presumption that 31
150-litigation is being initiated, advanced, or continued primarily for the purpose of harassing, 32
151-intimidating, threatening, or maintaining contact with the other party: 33
152-(1) The same or substantially similar issues between the same or substantially similar 34
118+LC002110 - Page 4 of 9
119+(a) A party may request from the court an order restricting abusive litigation if: 1
120+(1) The opposing parties have a current or former family or household member relationship 2
121+or there has been a civil order or criminal conviction determining that one of the parties stalked or 3
122+sexually assaulted the other party; and 4
123+(2) The party who is filing, initiating, advancing, or continuing the litigation has been found 5
124+by a court to have abused, stalked, or sexually assaulted the other party pursuant to: 6
125+(i) A final protective order entered pursuant to § 8-8.1-3 or § 15-5-19; 7
126+(ii) A no contact order entered pursuant to § 12-29-4; 8
127+(iii) A final sexual assault protective order entered pursuant to § 11-37.2-2; 9
128+(iv) A final foreign abuse prevention order entered pursuant to § 12-29-1.1; 10
129+(v) A final order for alimony or custody of children, entered pursuant to § 15-5-16; 11
130+(vi) A criminal conviction for any of the enumerated crimes defined in § 12-29-2 or a filing 12
131+for any domestic violence offense enumerated in this chapter; 13
132+(vii) A court determination of probable cause for a charge of a crime of domestic violence, 14
133+wherein the court imposed criminal conditions of release pertaining to the safety of the victim, 15
134+which include, but are not limited to, distance restrictions or restrictions on contact with the victim. 16
135+(b) A party who meets the requirements of subsection (a) of this section may request an 17
136+order restricting abusive litigation: 18
137+(1) In any answer or response to the litigation being filed, initiated, advanced, or continued; 19
138+(2) By motion made at any time during any open or ongoing case; 20
139+(3) In an answer or response to any motion or request for an order; or 21
140+(4) Orally in any hearing. 22
141+(c) Any court of competent jurisdiction may, on its own motion or motion of a party, 23
142+determine that a hearing is necessary to determine if a party is engaging in abusive litigation. 24
143+(d) Proceedings pursuant to this section may be initiated by petition or by motion in a 25
144+pending case. 26
145+(e) The court administrator shall create forms for a petition or motion for an order 27
146+restricting abusive litigation and the form for an order restricting abusive litigation, and the forms 28
147+shall be maintained by the clerks of the courts. 29
148+(f) No filing fee shall be charged to the responding party for proceedings pursuant to this 30
149+section. 31
150+(g) The provisions of this section are nonexclusive and shall not affect any other available 32
151+remedy. 33
152+8-8.4-3. Hearing – Procedure. 34
153153
154154
155-LC002110/SUB A - Page 5 of 8
156-parties have been litigated within the past five (5) years in the same court or any other court of 1
157-competent jurisdiction; 2
158-(2) The same or substantially similar issues between the same or substantially similar 3
159-parties have been raised, pled, or alleged in the past five (5) years and were decided on the merits 4
160-or dismissed: 5
161-(3) Within the last five (5) years, the party allegedly engaging in abusive litigation has been 6
162-sanctioned by any court for filing one or more cases, petitions, motions, or other filings that were 7
163-found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same 8
164-opposing party; 9
165-(4) Any court has determined that the party allegedly engaging in abusive litigation has 10
166-previously engaged in abusive litigation or similar conduct, including, but not limited to, the filing 11
167-of a private misdemeanor prosecution complaint pursuant to §§ 12-4-1 or 12-10-12, and has been 12
168-subject to a court order imposing prefiling restrictions; 13
169-(5) Proffered legal claims are not based on existing law or by a reasonable argument for 14
170-the extension, modification, or reversal of existing law, or the establishment of new law; 15
171-(6) Allegations and other factual contentions made are without adequate evidentiary 16
172-support or are unlikely to have evidentiary support after a reasonable opportunity for further 17
173-investigation; or 18
174-(7) An issue or issues that are the basis of the litigation have previously been filed in one 19
175-or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably 20
176-to the party filing, initiating, advancing, or continuing the litigation. 21
177-8-8.4-4. Burden of proof. 22
178-(a) If the court finds by a preponderance of the evidence that a party is engaging in abusive 23
179-litigation and that any or all of the motions or actions pending before the court are abusive litigation, 24
180-the litigation may be dismissed, denied, stricken, or resolved by other disposition with prejudice. 25
181-(b) After providing the parties an opportunity to be heard on any order or sanctions to be 26
182-issued, the court may enter an order restricting abusive litigation that shall include conditions 27
183-deemed necessary and appropriate, including: 28
184-(1) Awarding the other party reasonable attorneys’ fees and costs of responding to the 29
185-abusive litigation, including the cost of seeking the order restricting abusive litigation; 30
186-(2) Awarding the other party all costs of the abusive litigation, including, but not limited 31
187-to, court costs, lost wages and transportation costs, including trips to the courthouse to review files 32
188-or pleadings, and costs of childcare expended as a result of defending said litigation; 33
189-(3) Identifying the party protected by the order and imposing prefiling restrictions upon the 34
155+LC002110 - Page 5 of 9
156+(a) At a hearing, evidence of any of the following shall create a rebuttable presumption that 1
157+litigation is being initiated, advanced, or continued primarily for the purpose of harassing, 2
158+intimidating, or maintaining contact with the other party: 3
159+(1) The same or substantially similar issues between the same or substantially similar 4
160+parties have been litigated within the past five (5) years in the same court or any other court of 5
161+competent jurisdiction; 6
162+(2) The same or substantially similar issues between the same or substantially similar 7
163+parties have been raised, pled, or alleged in the past five (5) years and were decided on the merits 8
164+or dismissed: 9
165+(3) Within the last ten (10) years, the party allegedly engaging in abusive litigation has 10
166+been sanctioned by any court for filing one or more cases, petitions, motions, or other filings that 11
167+were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the 12
168+same opposing party; or 13
169+(4) Any court has determined that the party allegedly engaging in abusive litigation has 14
170+previously engaged in abusive litigation or similar conduct, including, but not limited to, the filing 15
171+of a private misdemeanor prosecution complaint pursuant to §§ 12-4-1 or 12-10-12, and has been 16
172+subject to a court order imposing prefiling restrictions. 17
173+8-8.4-4. Burden of proof. 18
174+(a) If the court finds by a preponderance of the evidence that a party is engaging in abusive 19
175+litigation and that any or all of the motions or actions pending before the court are abusive litigation, 20
176+the litigation shall be dismissed, denied, stricken, or resolved by other disposition with prejudice. 21
177+(b) After providing the parties an opportunity to be heard on any order or sanctions to be 22
178+issued, the court may enter an order restricting abusive litigation that shall include conditions 23
179+deemed necessary and appropriate, including: 24
180+(1) Awarding the other party reasonable attorneys’ fees and costs of responding to the 25
181+abusive litigation, including the cost seeking the order restricting abusive litigation; 26
182+(2) Awarding the other party all costs of the abusive litigation, including, but not limited 27
183+to, court costs, lost wages and transportation costs, including trips to the courthouse to review files 28
184+or pleadings, and costs of childcare expended as a result of defending said litigation; and 29
185+(3) Identifying the party protected by the order and imposing prefiling restrictions upon the 30
186+party found to have engaged in abusive litigation that pertains to any future litigation against the 31
187+protected party or the protected party’s dependents. 32
188+(c) If the court finds that the litigation does not constitute abusive litigation, the court shall 33
189+enter written or oral findings and the litigation shall proceed. 34
190190
191191
192-LC002110/SUB A - Page 6 of 8
193-party found to have engaged in abusive litigation that pertains to any future litigation against the 1
194-protected party or the protected party’s dependents; and 2
195-(4) Any other relief deemed necessary and appropriate by the court. 3
196-(c) If the court finds that the litigation does not constitute abusive litigation, the court shall 4
197-enter written findings and the litigation shall proceed. 5
198-(d) Nothing in this section shall be construed as limiting the court’s inherent authority to 6
199-control the proceedings and litigants before it. 7
200-8-8.4-5. Filing of a new case by a person subject to an order restricting abusive 8
201-litigation. 9
202-(a) Except as otherwise provided in this section, a person who is subject to an order 10
203-restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the 11
204-litigation against the protected party for the period of time that the filing restrictions are in effect. 12
205-(b) A person who is subject to an order restricting litigation against whom prefiling 13
206-restrictions have been imposed pursuant to § 8-8.4-4 who wishes to initiate a new case against the 14
207-protected party or file a motion in an existing case against the protected party during the time the 15
208-person is under filing restrictions shall make an application to the court. Upon the filing of an 16
209-application, the court shall issue an order scheduling a hearing to determine whether the proposed 17
210-litigation or motion is abusive litigation or if there are reasonable and legitimate grounds upon 18
211-which the proposed litigation or motion is based. 19
212-The scheduling order shall notify the protected party of the party’s right to appear or 20
213-participate in the hearing. The order shall specify that should the protected party choose not to 21
214-appear or participate in the hearing, the protected party is expected to submit a written response. 22
215-When possible, the protected party shall be permitted to appear remotely. 23
216-(c) Following the hearing, if the court determines that the proposed litigation or motion 24
217-that the party who is subject to the prefiling order is making application to file will constitute 25
218-abusive litigation, the application shall be denied, dismissed, or otherwise disposed of with 26
219-prejudice. 27
220-(d) If the court determines that the proposed litigation or motion is not abusive litigation, 28
221-the court shall grant the application and issue an order permitting the filing of the proposed litigation 29
222-or motion. The order shall be attached to the front of the pleading to be filed with the clerk. The 30
223-party who is protected by the order shall be served with a copy of the order at the same time as the 31
224-underlying pleading. 32
225-(e) The court shall make findings and issue a written order supporting the ruling. 33
226-(f) If the application for the filing of a pleading is granted pursuant to this section, the 34
192+LC002110 - Page 6 of 9
193+(d) Nothing in this section shall be construed as limiting the court’s inherent authority to 1
194+control the proceedings and litigants before it. 2
195+8-8.4-5. Filing of a new case by a person subject to an order restricting abusive 3
196+litigation. 4
197+(a) Except as otherwise provided in this section, a person who is subject to an order 5
198+restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the 6
199+litigation against the protected party for the period of time that the filing restrictions are in effect. 7
200+(b) A person who is subject to an order restricting litigation against whom prefiling 8
201+restrictions have been imposed pursuant to § 12-29-13.4 who wishes to initiate a new case or file a 9
202+motion in an existing case during the time the person is under filing restrictions shall make an 10
203+application to a judicial officer. A judicial officer shall review such application and determine 11
204+whether the proposed litigation is abusive litigation or if there are reasonable and legitimate 12
205+grounds upon which the litigation is based. The judicial officer shall determine whether a hearing 13
206+is necessary. 14
207+(c) If the judicial officer determines the proposed litigation is abusive litigation based on 15
208+reviewing the files, records, and pleadings, it is not necessary for the person protected by the order 16
209+to appear or participate in any way. If the judicial officer is unable to determine whether the 17
210+proposed litigation is abusive without hearing from the person protected by the order, then the court 18
211+shall issue an order scheduling a hearing and notifying the protected party of the party’s right to 19
212+appear or participate in the hearing. The order shall specify whether the protected party is expected 20
213+to submit a written response. When possible, the protected party shall be permitted to appear 21
214+remotely. 22
215+(1) If the judicial officer determines that the litigation that the party who is subject to the 23
216+prefiling order is making application to file will constitute abusive litigation, the application shall 24
217+be denied, dismissed, or otherwise disposed of with prejudice. 25
218+(2) If the judicial officer determines that the litigation the party who is subject to the 26
219+prefiling order is making application to file will not be abusive litigation, the judicial officer may 27
220+grant the application and issue an order permitting the filing of the case, motion, or pleading. The 28
221+order shall be attached to the front of the pleading to be filed with the clerk. The party who is 29
222+protected by the order shall be served with a copy of the order at the same time as the underlying 30
223+pleading. 31
224+(d) The judicial officer shall make findings and issue a written order supporting the ruling. 32
225+If the party who is subject to the order disputes the findings of the judge, the party may seek review 33
226+of the decision as provided by the applicable court rules. 34
227227
228228
229-LC002110/SUB A - Page 7 of 8
230-period of time commencing with the filing of the application requesting permission to file the action 1
231-and ending with the issuance of an order permitting filing of the action shall not be computed as a 2
232-part of any applicable period of limitations within which the matter must be instituted. 3
233-(g) If a party who is protected by an order restricting abusive litigation is served with a 4
234-pleading filed by the person who is subject to the order, and the pleading does not have an attached 5
235-order allowing the pleading, the protected party may respond to the case by filing a copy of the 6
236-order restricting abusive litigation and is under no obligation or duty to respond to the summons, 7
237-complaint, petition, or motion, or to answer interrogatories or any other discovery request, or to 8
238-appear for depositions or any other responsive action required by rule or statute in a civil action. 9
239-(h) If it is brought to the attention of the court that a person against whom prefiling 10
240-restrictions have been imposed has filed a new case or is continuing an existing case without having 11
241-been granted permission pursuant to this section, the court shall dismiss, deny, or otherwise dispose 12
242-of the matter. The court may take whatever action against the perpetrator of abusive litigation 13
243-deemed necessary and appropriate for a violation of the order restricting abusive litigation. 14
244-8-8.4-6. Construction. 15
245-This chapter shall be construed liberally in order to effectuate the goal of protecting 16
246-survivors of domestic violence and other abuse from abusive litigation. 17
247-SECTION 3. Chapter 8-8 of the General Laws entitled "DISTRICT COURT" is hereby 18
248-amended by adding thereto the following section: 19
249-8-8-3.4. Equitable powers in abusive litigation matters. 20
250-In addition to the powers heretofore exercised, the district court is hereby empowered in 21
251-furtherance of jurisdiction under chapter 8.4 of title 8 to grant such orders, including setting 22
252-prefiling restrictions on persons found to be abusive litigants, as justice and equity may require. 23
253-SECTION 4. This act shall take effect upon passage. 24
229+LC002110 - Page 7 of 9
230+(e) If the application for the filing of a pleading is granted pursuant to this section, the 1
231+period of time commencing with the filing of the application requesting permission to file the action 2
232+and ending with the issuance of an order permitting filing of the action shall not be computed as a 3
233+part of any applicable period of limitations within which the matter must be instituted. 4
234+(f) If, after a party who is subject to prefiling restrictions has made application and been 5
235+granted permission to file or advance a case pursuant to this section, any judicial officer hearing or 6
236+presiding over the case, or any part thereof, determines that the person is attempting to add parties, 7
237+amend the complaint, or is otherwise attempting to alter the parties and issues involved in the 8
238+litigation in a manner that the judicial officer determines would constitute abusive litigation, the 9
239+judicial officer shall stay the proceedings and refer the case back to the judicial officer who granted 10
240+the application to file, for further disposition. 11
241+(g) If a party who is protected by an order restricting abusive litigation is served with a 12
242+pleading filed by the person who is subject to the order, and the pleading does not have an attached 13
243+order allowing the pleading, the protected party may respond to the case by filing a copy of the 14
244+order restricting abusive litigation. 15
245+(1) If it is brought to the attention of the court that a person against whom prefiling 16
246+restrictions have been imposed has filed a new case or is continuing an existing case without having 17
247+been granted permission pursuant to this section, the court shall dismiss, deny, or otherwise dispose 18
248+of the matter. This action may be taken by the court on the court’s own motion or initiative. The 19
249+court may take whatever action against the perpetrator of abusive litigation deemed necessary and 20
250+appropriate for a violation of the order restricting abusive litigation. 21
251+(h) If a party who is protected by an order restricting abusive litigation is served with a 22
252+pleading filed by the person who is subject to the order, and the pleading does not have an attached 23
253+order allowing the pleading, the protected party is under no obligating or duty to respond to the 24
254+summons, complaint, petition, motion, or to answer interrogatories or any other discovery request, 25
255+or to appear for depositions or any other responsive action required by rule or statute in a civil 26
256+action. 27
257+(i) If the judicial officer who imposed the prefiling restrictions is no longer serving in the 28
258+same capacity, in the same judicial district where the restrictions were placed, or is otherwise 29
259+unavailable for any reason, any other judicial officer in that judicial district may perform the review 30
260+required and permitted by this section. 31
261+8-8.4-6. Construction. 32
262+This chapter shall be construed liberally in order to effectuate the goal of protecting 33
263+survivors of domestic violence and other abuse from abusive litigation. 34
264+
265+
266+LC002110 - Page 8 of 9
267+SECTION 4. This act shall take effect upon passage. 1
254268 ========
255-LC002110/SUB A
269+LC002110
256270 ========
257271
258272
259-LC002110/SUB A - Page 8 of 8
273+LC002110 - Page 9 of 9
260274 EXPLANATION
261275 BY THE LEGISLATIVE COUNCIL
262276 OF
263277 A N A C T
264278 RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- ABUSIVE LITIGATION
265279 ***
266280 This act would prohibit abusive litigation in the context of domestic violence, sexual 1
267-assault or stalking and allow any court to dismiss a case or complaint upon a finding, based on a 2
281+assault or stalking and allow the court to dismiss a case or complaint upon a finding, based on a 2
268282 preponderance of the evidence, that the person who filed the case or complaint is doing so as a 3
269283 means to have further contact or abuse the person against whom the complaint was filed. The act 4
270-would also allow any court to impose sanctions against the party found to be using abusive 5
271-litigation, including monetary amounts incurred in the defense of such litigation. 6
284+would also allow the court to impose sanctions against the party found to be using abusive litigation, 5
285+including monetary amounts incurred in the defense of such litigation. 6
272286 This act would take effect upon passage. 7
273287 ========
274-LC002110/SUB A
288+LC002110
275289 ========