Bill > H1399

This bill aims to control and prevent abusive litigation, particularly in cases where the parties have a current or former family or household member relationship and one party has been found to have committed abuse or harassment against the other party. The key provisions of the bill include: 1. Defining "controlling and abusive litigation" as litigation initiated, advanced, or continued primarily for the purpose of abusing, harassing, intimidating, or maintaining contact with the other party, and where the claims are not warranted by existing law or lack evidentiary support, or the issues have previously been litigated and disposed of unfavorably to the party. 2. Allowing a party to request an order restricting controlling and abusive litigation, and empowering the court to initiate such a hearing on its own motion. 3. Establishing a rebuttable presumption that the litigation is abusive based on factors such as repeated litigation on the same issues, prior sanctions, or a court's finding of similar abusive conduct. 4. Authorizing the court to dismiss or deny any pending controlling and abusive litigation, impose costs and attorneys' fees on the perpetrator, and issue an order restricting the perpetrator from filing, initiating, advancing, or continuing any further litigation against the protected party for a period of 48 to 72 months. 5. Requiring the perpetrator to obtain court permission before filing any new case or motion during the prefiling restriction period, with the court able to deny such requests if it determines the proposed litigation is controlling and abusive. The bill aims to provide a legal framework to address and prevent abusive litigation tactics used to harass, intimidate, or maintain contact with victims of abuse or harassment.

Justice

https://malegislature.gov/Bills/193/H1399