Loading chat...
NC H795
Bill
Status
5/3/2021
Primary Sponsor
Brian Turner
Click for details
AI Summary
-
Creates the North Carolina Abusive Litigation Act to regulate litigation used for harassment, intimidation, maintaining contact with, or retaliating against another person in cases involving personal relationships or prior domestic violence findings.
-
Defines abusive litigation as occurring when opposing parties have a personal relationship, the filing party has been found by court order to have committed domestic violence or sexual offense against the opposing party, and the filing party intends to harass or intimidate, combined with claims lacking legal merit or evidentiary support or previously litigated issues.
-
Requires courts to dismiss abusive litigation with prejudice and enter orders imposing prefiling restrictions on the restricted person for 48 to 72 months, requiring cost and attorney's fee awards to the opposing party.
-
Allows restricted persons to request court permission to file litigation against protected persons, with the protected person entitled to notice and opportunity to participate in the hearing, and permits protected persons to respond to unauthorized filings by submitting the restriction order.
-
Takes effect October 1, 2021, and applies to all motions, pleadings, petitions, and court filings filed on or after that date.
Legislative Description
Regulate and Restrict Abusive Litigation
Public
Last Action
Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
5/4/2021