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Legal Information: Tennessee

Litigation Abuse

Laws current as of June 21, 2024

What can a judge do after deciding that a court case is an abusive civil action?

A judge who decides that the case is an abusive civil action will dismiss the case.1 The abuser would be named an “abusive civil action plaintiff” and you would be named an “abusive civil action defendant.”2

The judge will also:

  • order the abuser to pay all the costs of the abusive civil action;
  • award you reasonable attorney’s fees and the costs of responding to the abusive civil action; and
  • put pre-filing restrictions on the abuser to prevent him/her from filing any future cases against you without court permission for anywhere from 48 to 72 months.3 

1 Tenn. Code § 29-41-106(a)
2 Tenn. Code § 29-41-103
3 Tenn. Code § 29-41-106(b)

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