# Title 28 — Judicial Procedure, Civil

## Chapter 28-36 — Vexatious Litigation

### § 28-36-01. Definitions.

As used in this chapter:
1. "Litigation" means any civil or disciplinary action or proceeding, small claims action,
appeal from an administrative agency, review of a referee order by the district court, or
appeal to the supreme court. The term does not include criminal actions.
2. "Vexatious conduct" means conduct that:
a. Serves primarily to harass or maliciously injure another party in litigation;
b. Is not warranted under existing law and cannot be supported by a good-faith
argument for an extension, modification, or reversal of existing law;
c. Is imposed solely for delay;
d. Hinders the effective administration of justice;
e. Imposes an unacceptable burden on judicial personnel and resources; or
f. Impedes the normal and essential functioning of the judicial process.
3. "Vexatious litigant" means a litigant, either self-represented or represented by an
attorney, who:
a. Has commenced, prosecuted, or maintained at least two litigations involving
vexatious conduct, which were finally determined adversely to the litigant in the
past seven years;
b. After litigation has been finally determined, relitigates or attempts to relitigate:
(1) The validity of the determination against the same party as to whom the
litigation was finally determined; or
(2) The cause of action, claim, controversy, or any of the issues of fact or law,
determined or concluded by the final determination against the same party
as to whom the litigation was finally determined;
c. Repeatedly files unmeritorious motions, pleadings, or other papers, conducts
unnecessary discovery, or engages in any other tactics frivolous or intended to
cause unnecessary burden, expense, or delay; or
d. Has previously been declared a vexatious litigant by any state or federal court of
record in any action or proceeding.
### § 28-36-02. Burden of proof - Entry of order restricting vexatious litigation.

1. If the court finds by a preponderance of the evidence an individual is a vexatious
litigant, the court shall enter a prefiling order restricting the vexatious litigant from filing
new litigation or filing documents within existing litigation without prior approval of the
court.
2. A prefiling order must:
a. Impose all costs of the vexatious litigation against the filing party; and
b. Award the opposing party reasonable attorney fees and costs associated with
responding to the vexatious litigant, including the cost of seeking the prefiling
order.
### § 28-36-03. Roster.

The clerk of court shall provide a copy of any prefiling orders issued under this chapter to
the state court administrator and each United States district court in the state. The state court
administrator shall maintain a list of vexatious litigants subject to prefiling orders. Prefiling orders
in effect under supreme court rule before August 1, 2025, remain in effect.
### § 28-36-04. Rules - Authority.

The supreme court shall adopt rules to implement this chapter.
