Idaho law says that if a party who is not represented by a lawyer (“pro se”) continually files civil court cases for the purpose of harassing or maliciously injuring you, known as “vexatious litigation,” an administrative judge can take steps to stop this behavior. The judge can enter a “pre-filing order” that prohibits the person from filing pro se any new litigation without first getting permission from a judge. To get the judge to issue this pre-filing order, you would make a motion to the district court judge or magistrate judge who is ruling over your case.1 Note: The law only talks about a pro se petitioner. The law does not seem to address a situation where the abuser continually files cases against you through a lawyer.
The judge can issue a pre-filing order if any of the following are true:
- the other party filed pro se, and lost, at least three civil court cases in the past seven years, not including small claims court cases;
- after losing a case, the other party repeatedly re-litigates or attempts to re-litigate, pro se, to challenge the validity of the judge’s determination or to re-file a case about the same issues;
- during any litigation, the other party repeatedly files pro se baseless motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other actions that are frivolous or solely intended to cause unnecessary delay; or
- the other party has previously been declared to be a “vexatious litigant” by any state or federal court.2
Additionally, Idaho law specifically says that in a divorce case, if a party files a modification petition that is without a legal basis (“vexatious”) and is harassing, the judge can order that party to pay the attorney fees and costs of the other party.3
1 ID R ADMIN Rule 59(a)(1), (b), (c)
2 ID R ADMIN Rule 59(d)
3 I.C. § 32-718