Section NEW-6 - [Newly enacted section not yet numbered] [Effective 1/1/2025] PresumptionsAt the hearing conducted pursuant to this chapter, evidence of any of the following creates a rebuttable presumption that litigation is being filed, initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party:
(1) Proffered legal claims are not based on existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;(2) Allegations and other factual contentions are made without adequate evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for further investigation;(3) An issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation;(4) Within the last ten years, the party allegedly engaging in abusive litigation has been sanctioned by a court of law for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party; or(5) A court of record in another judicial circuit or jurisdiction has determined that the party allegedly engaging in abusive litigation has previously engaged in abusive litigation or similar conduct and has been subject to a court order imposing prefiling restrictions.Added by L 2024, c 252,§ 2, eff. 1/1/2025.