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Bill > S1079


MA S1079

Relative to controlling and abusive litigation


summary

Introduced
02/16/2023
In Committee
02/16/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

193rd General Court

Bill Summary

For legislation relative to controlling and abusive litigation. The Judiciary.

AI Summary

This bill aims to control and prevent abusive litigation, particularly among current or former family or household members. The key provisions are: 1. It defines "controlling and abusive litigation" as litigation where the parties have a family or household member relationship, one party has been found to have committed abuse or harassment against the other, and the litigation is primarily for the purpose of abuse, harassment, intimidation, or maintaining contact. 2. It allows a party to request the court to issue an order restricting such controlling and abusive litigation, and the court can initiate this process on its own. The order can impose costs, attorney's fees, and prefiling restrictions on the party found to be engaging in such litigation. 3. It establishes a rebuttable presumption that litigation is controlling and abusive if certain factors are present, such as the same or similar issues being repeatedly litigated. 4. It prohibits the party subject to the order from filing, initiating, advancing, or continuing any litigation against the protected party during the prefiling restriction period, unless the party first obtains permission from the court. 5. It provides procedures for the party subject to the order to seek permission to file new litigation, and allows the court to deny such permission if the proposed litigation is deemed controlling and abusive.

Committee Categories

Justice

Sponsors (22)

Last Action

Accompanied a study order, see S2753 (on 05/02/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://malegislature.gov/Bills/193/S1079
BillText https://malegislature.gov/Bills/193/S1079.pdf
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