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ND HB1533

Bill

Status

Passed

3/23/2023

Primary Sponsor

Joshua Boschee

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Creates a new chapter in North Dakota Century Code (Title 14) to define and address "abusive litigation" filed by parties with a history of domestic violence or disorderly conduct against an opposing party.

  • Establishes that abusive litigation requires: an intimate partner relationship, a prior court finding or conviction of domestic violence/disorderly conduct, intent to harass or intimidate, and at least one additional criterion such as lack of legal merit, insufficient evidence, repeated filing, or prior frivolous litigation sanctions.

  • Requires courts to dismiss abusive litigation with prejudice if found by preponderance of evidence and to impose all costs against the filing party plus reasonable attorney's fees and costs for the opposing party.

  • Mandates courts enter written findings if litigation is not determined to be abusive, allowing non-abusive portions to proceed.

  • Authorizes the North Dakota Supreme Court to adopt rules implementing the chapter.

Legislative Description

Protecting survivors of domestic abuse from abusive litigation.

Last Action

Filed with Secretary Of State 03/23

3/24/2023

Committee Referrals

Judiciary3/3/2023
Judiciary1/18/2023

Full Bill Text

No bill text available