§ 8-8.4-3. Hearing — Procedure.
At the hearing, evidence of any of the following shall create a rebuttable presumption
that litigation is being initiated, advanced, or continued primarily for the purpose
of harassing, intimidating, threatening, or maintaining contact with the other party:
(1) The same or substantially similar issues between the same or substantially similar
parties have been litigated within the past five (5) years in the same court or any
other court of competent jurisdiction;
(2) The same or substantially similar issues between the same or substantially similar
parties have been raised, pled, or alleged in the past five (5) years and were decided
on the merits or dismissed:
(3) Within the last five (5) years, the party allegedly engaging in abusive litigation
has been sanctioned by any court for filing one or more cases, petitions, motions,
or other filings that were found to have been frivolous, vexatious, intransigent,
or brought in bad faith involving the same opposing party;
(4) Any court has determined that the party allegedly engaging in abusive litigation has
previously engaged in abusive litigation or similar conduct, including, but not limited
to, the filing of a private misdemeanor prosecution complaint pursuant to § 12-4-1 or § 12-10-12, and has been subject to a court order imposing prefiling restrictions;
(5) Proffered legal claims are not based on existing law or by a reasonable argument for
the extension, modification, or reversal of existing law, or the establishment of
new law;
(6) Allegations and other factual contentions made are without adequate evidentiary support
or are unlikely to have evidentiary support after a reasonable opportunity for further
investigation; or
(7) An issue or issues that are the basis of the litigation have previously been filed
in one or more other courts or jurisdictions and the actions have been litigated and
disposed of unfavorably to the party filing, initiating, advancing, or continuing
the litigation.