House Engrossed

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

CHAPTER 41

HOUSE BILL 2021

AN ACT

amending title 12, Arizona Revised Statutes, by adding chapter 24; relating to vexatious litigants.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, Arizona Revised Statutes, is amended by adding chapter 24, to read:

CHAPTER 24

VEXATIOUS LITIGANTS

ARTICLE 1. GENERAL PROVISIONS

12-3201. Vexatious litigants; designation

A. IN a noncriminal case, AT the request of a party or on the court's own motion, the presiding judge of the superior court or a judge designated by the presiding judge of the superior court may DESIGNATE A pro se litigant A VEXATIOUS LITIGANT.

B. A pro se litigant WHO IS DESIGNATED A VEXATIOUS LITIGANT MAY NOT FILE A new pleading, MOTION OR other document WITHOUT PRIOR LEAVE OF THE COURT.

C. A pro se litigant IS A VEXATIOUS LITIGANT IF THE COURT FINDS THE pro se litigant engaged in vexatious conduct. for the purposes of This section VEXATIOUS CONDUCT INCLUDES any of the following:

1. repeated filing of court actions SOLELY OR PRIMARILY FOR THE PURPOSE OF HARASSMENT.

2. UNREASONABLY EXPANDING OR DELAYING COURT PROCEEDINGS.

3. COURT ACTIONS BROUGHT OR DEFENDED WITHOUT SUBSTANTIAL JUSTIFICATION.

4. ENGAGING IN ABUSE OF DISCOVERY or conduct in discovery that has resulted in the imposition of sanctions against the pro se litigant.

5. A PATTERN OF MAKING UNREASONABLE, repetitive and EXCESSIVE REQUESTS FOR INFORMATION.

6. REPEATED FILING OF DOCUMENTS OR REQUESTS FOR RELIEF THAT HAVE BEEN THE SUBJECT OF PREVIOUS RULINGS BY THE COURT IN THE SAME LITIGATION.

D. For the purposes of this section, "without substantial justification" has the same meaning prescribed in section 12-349. END_STATUTE

Sec. 2. Effective date

This act is effective from and after December 31, 2014.