§634J-1 Definitions. Unless otherwise clear from the context, as used in this chapter: “Defendant” means a person (including a corporation, association, partnership, firm, or governmental entity) against whom litigation is brought or maintained, or sought to be brought or maintained. “In propria persona” means on the person’s own behalf acting as plaintiff. “Litigation” means any […]
§634J-2 Motion for order requiring plaintiff to post security. In any litigation pending in any court of this State, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion must be based upon the ground, and […]
§634J-3 Hearing procedure. At the hearing upon the motion for security the court shall consider material evidence, written or oral, by witnesses or affidavit. No determination made by the court in determining or ruling upon the motion shall be, or be deemed to be, a determination of any issue in the litigation or of the […]
§634J-4 Finding; amount of security. If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the […]
§634J-5 Dismissal on failure to post security. When security that has been ordered is not furnished, the litigation shall be dismissed with prejudice as to the defendant for whose benefit it was ordered. [L 1993, c 124, pt of §1]
§634J-6 Motion as stay of proceedings. When a motion pursuant to section 634J-2 is filed prior to trial, the litigation is stayed, and the moving defendant need not plead until ten days after the motion shall have been denied, or if granted, until ten days after the required security has been furnished and the moving […]
§634J-7 Vexatious litigant; prefiling order prohibiting filing of new litigation. (a) In addition to any other relief provided in this chapter, the court, on its own motion or the motion of any party, may enter a prefiling order which prohibits a vexatious litigant from filing any new litigation in the courts of this State on […]
