Litigation Abuse

A judge who believes that litigation is abusive will resolve the case “with prejudice,” which means that it cannot be re-filed.¹ The judge will also issue an order restricting abusive litigation, which will:

1. prohibit the abuser from starting any new cases against you without getting permission from a judge;
2. order the abuser to pay all the costs of the case against you; and
3. award you reasonable attorney’s fees and the costs of responding to the abusive litigation, including the money spent on filing the motion seeking the order restricting abusive litigation.²

It is possible for a judge to decide that one part of the case is abusive and another part is not, in which case the order must include a statement of which part of the case can continue.³

¹ N.D. Cent. Code § 14-07.6-02(1)
² N.D. Cent. Code § 14-07.6-02(2); N.D. R. Ct. 8.15(d)
³ N.D. Cent. Code § 14-07.6-03; N.D. R. Ct. 8.15(d)(5)