Rule 8.15 - Abusive Litigation(a) In General. An opposing party seeking protection from abusive litigation under N.D.C.C. ch. 14-07.6 must make a motion under Rule 3.2. Filing of the motion stays the proceeding until issuance of the order for judgment under subdivision (d). (b) Required Documentation. The motion must be accompanied by a declaration or other admissible evidence establishing that the filing party engaged in abusive litigation as defined by N.D.C.C. § 14-07.6-01(1).(c) Attorneys' Fees. A claim for attorneys' fees and costs allowed under N.D.C.C. 14-07.6-02(2) must be made by declaration submitted after the order restricting abusive litigation is granted. The declaration must: (1) be served and filed within 21 days after entry of the order;(2) provide details supporting the amount of and services for the reasonable attorneys' fees and costs sought.(d) Judgment. After determining attorneys' fees and costs, the court must order entry of judgment in the matter. The order for judgment must: (1) dispose of the abusive litigation with prejudice as required under N.D.C.C. § 14-07.6-02(1); (2) impose all costs of the abusive litigation against the filing party as required under N.D.C.C. § 14-07.6-02(2);(3) award the opposing party reasonable attorneys' fees and costs associated with responding to the abusive litigation as required under N.D.C.C. § 14-07.6-02(2);(4) restrict future litigation by the filing party against the opposing party by prohibiting the filing party from commencing any new litigation against the opposing party without first obtaining leave of the court; and (5) specify whether any part of the litigation may proceed as non abusive under N.D.C.C. § 14-07.6-03.Joint Procedure Committee Minutes of June 29, 2023, pages 2-4; June 6, 2023, pages 2-4; April 28, 2023, pages 9-12.
EXPLANATORY NOTE
Adopted July 18, 2023, effective 8/1/2023.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. ch. 14-07.6.
N.D.R.Ct. 3.2 (Motions); N.D. Sup. Ct. Admin. R. 58.