As used in this chapter: “Abusive civil action” means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable: Claims, allegations, and other legal contentions made […]
This chapter shall only apply to a civil action filed by a plaintiff against a defendant or defendants with whom the plaintiff shares a civil action party relationship.
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: In the answer to the civil action; or By motion made at any time during the civil action. The court may, on its own motion, determine that […]
If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive civil action plaintiff, the court shall conduct a hearing to determine […]
At the hearing conducted pursuant to § 29-41-104, evidence of any of the following creates a rebuttable presumption that the civil action is an abusive civil action and that the person filing the action is an abusive civil action plaintiff and prefiling restrictions should be imposed upon the abusive civil action plaintiff: The same or […]
If the court finds by a preponderance of the evidence that a person filing a civil action is an abusive civil action plaintiff, and that any or all civil actions filed by the abusive civil action plaintiff against the abusive civil action defendant that are pending before the court are abusive civil actions, the civil […]
Except as provided in this section, a person whom a court of record has determined to be an abusive civil action plaintiff and against whom prefiling restrictions have been imposed is prohibited from instituting a civil action against the abusive civil action defendant for the period of time the prefiling restrictions are in effect, or […]
