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MA H732

MA H732
To prevent vexatious litigation and waste of judicial resources


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

By Representative Calter of Kingston and Senator deMacedo, a joint petition of Thomas J. Calter, Viriato M. deMacedo and others that plaintiffs who have filed five or more unsuccessful petitions in the past seven years be classified as vexatious litigants. The Judiciary.

AI Summary

This bill aims to prevent vexatious litigation and waste of judicial resources. The key provisions are: 1. It defines a "vexatious litigant" as a party who has filed five or more unsuccessful civil actions in the past five years, or a party previously found to be a vexatious litigant. 2. It allows defendants to move the court to require a vexatious litigant to post security to cover the defendant's anticipated, reasonable expenses of litigation, including attorney's fees and costs, if the court determines the plaintiff is a vexatious litigant and is not reasonably likely to prevail. 3. If the plaintiff fails to post the required security, the court must dismiss the action with prejudice. 4. The court can also issue a prefiling order prohibiting a vexatious litigant from commencing any new actions without first obtaining leave of the administrative judge, who can condition the filing on the furnishing of security. 5. The clerk of the court is prohibited from filing any new action by a vexatious litigant without the required order from the administrative judge. The overall aim is to deter and manage frivolous or abusive litigation that wastes judicial resources.

Committee Categories

Justice

Sponsors (13)

Last Action

Accompanied a study order, see H4874 (on 08/09/2018)

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