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Legal Information: North Dakota

Litigation Abuse

How do I request an order restricting abusive litigation? Are there forms available to help me?

You can ask for an order restricting the abusive litigation by filing a motion in the abuser’s case against you. The case will be paused (stayed) until the judge decides your motion and issues an order.1 You must include a sworn statement (declaration) or other evidence in the motion explaining how the litigation is abusive.2

The North Dakota Legal Self Help Center has an example of a motion that includes instructions on how to fill it out for someone without a lawyer. For more information about using this form, see the State of North Dakota Courts’ page about Abusive Litigation. If you have a lawyer, the lawyer cannot use this form. Instead, your lawyer should be able to draft this motion for you and can include an additional request for the payment of your attorney’s fees.

1 N.D. R. Ct. 8.15(a)
2 N.D. R. Ct. 8.15(b)

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