§ 29-41-103. Defendant's Right to Raise Claim — Hearing on Court's Own Motion - US Lawyer Database

If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant:
1. In the answer to the civil action; or
2. By motion made at any time during the civil action.

The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action.