Litigation Abuse

There are certain circumstances that will create what is called a “rebuttable presumption” that the court case against you is, in fact, abusive litigation. This means that if you can show one of the following situations has happened, the judge will assume the litigation is abusive and the abuser would then bear the burden of proving otherwise:

1. The same or substantially similar issues have been litigated in any court between you and the abuser within the past five years;
2. The same or substantially similar issues have been raised or pled in a court case in the past five years and the judge heard the evidence and made a decision (decided on the merits) or it was dismissed “with prejudice,” which means it cannot be re-filed;
3. The abuser has been punished (sanctioned) in the past ten years under Superior Court Civil Rule 11 or a similar rule or law in another state because s/he filed one or more cases against you that were found to be without a legal basis (frivolous), harassing (vexatious), “intransigent,” or in bad faith; or
4. The abuser has been found by a court in another judicial district to have engaged in abusive litigation or similar acts and that court placed pre-filing restrictions on him/her.¹

¹ R.C.W. § 26.51.050