PREFILED JAN 08 2014
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REFERENCE TITLE: vexatious litigants; designation |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2021 |
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Introduced by Representative Kavanagh
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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; court order
A. In any litigation pending in any court in this state, at any time until final judgment is entered, a defendant may move the court, on notice and hearing, for an order designating a person a vexatious litigant. The court on its own motion, on notice and hearing, may designate a person a vexatious litigant.
B. A person who is designated a vexatious litigant may not file a lawsuit or motion or request relief without prior leave of the court's presiding judge or the judge's designee. If a vexatious litigant is granted leave to file, all subsequent filings in the matter are approved.
C. A person is a vexatious litigant if the court finds the person does any of the following:
1. In the immediately preceding seven-year period, has commenced, prosecuted or maintained in propria persona at least five litigations other than in a small claims court that have been either:
(a) Finally determined adversely to the person.
(b) Unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.
2. After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate in propria persona either:
(a) The validity of the determination against the same defendant or defendants as to whom the litigation was finally determined.
(b) The cause of action, claim or controversy or any of the issues of fact or law that were determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.
3. In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings or other papers, conducts unnecessary discovery or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.
4. Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based on the same or substantially similar facts, transaction or occurrence.
D. An order designating a person a vexations litigant shall be narrowly tailored and list all of the cases and motions that the court reviewed in making its determination.