Bill > H1218

This bill proposes to amend existing law to prevent vexatious litigation, which refers to lawsuits filed for harassment or without merit, and to conserve judicial resources. It defines a "vexatious litigant" as a party who has filed five or more civil actions in the past five years that were ultimately decided against them, or who has previously been declared a vexatious litigant. The bill also defines "security" as an undertaking by a vexatious litigant to cover a defendant's anticipated litigation expenses, including attorney fees, and "defendant" as any person or entity against whom a lawsuit is filed. Under this bill, a defendant in a civil case can ask the court to require the plaintiff to post security if they believe the plaintiff is a vexatious litigant and unlikely to win their case. If the plaintiff fails to provide the security, their case will be dismissed with prejudice, meaning it cannot be refiled. Furthermore, the bill allows courts to issue prefiling orders that prevent vexatious litigants from starting new lawsuits without permission from an administrative judge, who will only grant such permission if the proposed case is meritorious and not filed for delay or harassment. The bill also establishes a registry of vexatious litigants maintained by the Supreme Judicial Court.