Section 8-8.4-5 - Filing of a new case by a person subject to an order restricting abusive litigation(a) Except as otherwise provided in this section, a person who is subject to an order restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the litigation against the protected party for the period of time that the filing restrictions are in effect.(b) A person who is subject to an order restricting litigation against whom prefiling restrictions have been imposed pursuant to § 8-8.4-4 who wishes to initiate a new case against the protected party or file a motion in an existing case against the protected party during the time the person is under filing restrictions shall make an application to the court. Upon the filing of an application, the court shall issue an order scheduling a hearing to determine whether the proposed litigation or motion is abusive litigation or if there are reasonable and legitimate grounds upon which the proposed litigation or motion is based.The scheduling order shall notify the protected party of the party's right to appear or participate in the hearing. The order shall specify that should the protected party choose not to appear or participate in the hearing, the protected party is expected to submit a written response. When possible, the protected party shall be permitted to appear remotely.
(c) Following the hearing, if the court determines that the proposed litigation or motion that the party who is subject to the prefiling order is making application to file will constitute abusive litigation, the application shall be denied, dismissed, or otherwise disposed of with prejudice.(d) If the court determines that the proposed litigation or motion is not abusive litigation, the court shall grant the application and issue an order permitting the filing of the proposed litigation or motion. The order shall be attached to the front of the pleading to be filed with the clerk. The party who is protected by the order shall be served with a copy of the order at the same time as the underlying pleading.(e) The court shall make findings and issue a written order supporting the ruling.(f) If the application for the filing of a pleading is granted pursuant to this section, the period of time commencing with the filing of the application requesting permission to file the action and ending with the issuance of an order permitting filing of the action shall not be computed as a part of any applicable period of limitations within which the matter must be instituted.(g) If a party who is protected by an order restricting abusive litigation is served with a pleading filed by the person who is subject to the order, and the pleading does not have an attached order allowing the pleading, the protected party may respond to the case by filing a copy of the order restricting abusive litigation and is under no obligation or duty to respond to the summons, complaint, petition, or motion, or to answer interrogatories or any other discovery request, or to appear for depositions or any other responsive action required by rule or statute in a civil action.(h) If it is brought to the attention of the court that a person against whom prefiling restrictions have been imposed has filed a new case or is continuing an existing case without having been granted permission pursuant to this section, the court shall dismiss, deny, or otherwise dispose of the matter. The court may take whatever action against the perpetrator of abusive litigation deemed necessary and appropriate for a violation of the order restricting abusive litigation.Added by 2023 Pub. Laws, ch. 171,§ 2, eff. 6/20/2023.Added by 2023 Pub. Laws, ch. 172,§ 2, eff. 6/20/2023.