MS SB2858

Creates the Mississippi Vexatious Litigant Law defining a vexatious litigant as a person who has commenced, prosecuted, or maintained five or more pro se civil actions in state courts (excluding justice court) in the preceding five years that were finally and adversely determined against them, or any person previously found to be a vexatious litigant.

Allows defendants to move a court to require plaintiffs identified as vexatious litigants to post security for anticipated reasonable litigation expenses, including attorney's fees and costs, if the plaintiff is not reasonably likely to prevail on the merits.

Requires immediate dismissal with prejudice if a plaintiff fails to post court-ordered security and authorizes courts to issue prefiling orders prohibiting vexatious litigants from filing new pro se actions without obtaining leave from the senior judge.

Directs court clerks to maintain a registry of vexatious litigants in coordination with the Mississippi Supreme Court and automatically stays litigation when a vexatious litigant files pro se in violation of a prefiling order.

Takes effect July 1, 2020.