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NC H795

Bill

Status

Introduced

5/3/2021

Primary Sponsor

Brian Turner

Click for details

Origin

House of Representatives

2021-2022 Session

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

Committee Referrals

Judiciary II5/4/2021

Full Bill Text

No bill text available