Litigation Abuse

If the case against you is found to be an abusive civil action, the abuser (an “abusive civil action plaintiff”) is required to ask the court for permission before filing a new case or serving papers in an existing case against you.¹ These restrictions will last for the time period listed in the order that the judge issues after the hearing.²

If the abuser wants to file something new, s/he will have to appear before the judge who placed the pre-filing restriction. The judge has the power to have both you and the abuser testify to decide whether the new case would also be an abusive civil action. However, there will be a rebuttable presumption that the case against you is an abusive civil action, which means it will be up to the abuser to prove that it is not.³

If the judge decides the proposed case would be an abusive civil action, the abuser will not be allowed to file it and the judge will include in the order the time when the abuser will be next allowed to try to file a new case.⁴ If the judge decides the proposed case would not be an abusive civil action, the judge will issue an order allowing the filing. This order must be attached to the court papers that will be served on you.⁵ Either way, the judge’s final decision will be made in writing.⁶ 

If the abuser is given permission to file the new case but later attempts to change the parties or issues in a way that the judge determines would make the case an abusive civil action, the judge will pause (continue) the case and send it back to the judge who granted the permission for additional review.⁷

If you receive papers from the abuser that do not include a court order allowing the papers to be filed or served, all you need to do in response is to get certified copies of the order where the abuser was found to be an abusive civil action plaintiff and send it to both the judge where the new case was filed and the judge who issued the original order. The new case should then be dismissed. You do not have to respond in any other way. If the legal papers ask you to appear for depositions, you do not have to attend or produce any other discovery.⁸

¹ Tenn. Code § 29-41-101(2)
² Tenn. Code § 29-41-107(a), (b)
³ Tenn. Code § 29-41-107(c)(1), (2)
⁴ Tenn. Code § 29-41-107(c)(3)(A)
⁵ Tenn. Code § 29-41-107(c)(3)(B)
⁶ Tenn. Code § 29-41-107(c)(4)
⁷ Tenn. Code § 29-41-107(e)
⁸ Tenn. Code § 29-41-107(f)