SB 2685 Summary

• Establishes judicial procedures to prevent and remedy abusive litigation in Hawaii by creating a new chapter in the Hawaii Revised Statutes, effective January 1, 2026.

• Defines abusive litigation as civil litigation filed primarily to harass, intimidate, or maintain contact with an intimate partner, where the filer has been found by court to have committed domestic violence against the other party.

• Allows victims of abusive litigation to request court orders restricting the abuser's ability to file new cases or motions, with restrictions lasting up to 72 months and extendable if further abuse occurs.

• Requires courts to dismiss abusive litigation and impose costs, attorneys' fees, and prefiling restrictions on the perpetrator; allows protected parties to ignore pleadings filed without court approval to file.

• Mandates courts create new motion forms by January 1, 2025 and the judiciary provide judge training on abusive litigation by July 1, 2025.