§ 8-8.4-5. Filing of a new case by a person subject to an order restricting abusive litigation.
(a) Except as otherwise provided in this section, a person who is subject to an order
restricting abusive litigation is prohibited from filing, initiating, advancing, or
continuing the litigation against the protected party for the period of time that
the filing restrictions are in effect.
(b) A person who is subject to an order restricting litigation against whom prefiling
restrictions have been imposed pursuant to § 8-8.4-4 who wishes to initiate a new case against the protected party or file a motion in
an existing case against the protected party during the time the person is under filing
restrictions shall make an application to the court. Upon the filing of an application,
the court shall issue an order scheduling a hearing to determine whether the proposed
litigation or motion is abusive litigation or if there are reasonable and legitimate
grounds upon which the proposed litigation or motion is based.
The scheduling order shall notify the protected party of the party's right to appear
or participate in the hearing. The order shall specify that should the protected party
choose not to appear or participate in the hearing, the protected party is expected
to submit a written response. When possible, the protected party shall be permitted
to appear remotely.
(c) Following the hearing, if the court determines that the proposed litigation or motion
that the party who is subject to the prefiling order is making application to file
will constitute abusive litigation, the application shall be denied, dismissed, or
otherwise disposed of with prejudice.
(d) If the court determines that the proposed litigation or motion is not abusive litigation,
the court shall grant the application and issue an order permitting the filing of
the proposed litigation or motion. The order shall be attached to the front of the
pleading to be filed with the clerk. The party who is protected by the order shall
be served with a copy of the order at the same time as the underlying pleading.
(e) The court shall make findings and issue a written order supporting the ruling.
(f) If the application for the filing of a pleading is granted pursuant to this section,
the period of time commencing with the filing of the application requesting permission
to file the action and ending with the issuance of an order permitting filing of the
action shall not be computed as a part of any applicable period of limitations within
which the matter must be instituted.
(g) If a party who is protected by an order restricting abusive litigation is served with
a pleading filed by the person who is subject to the order, and the pleading does
not have an attached order allowing the pleading, the protected party may respond
to the case by filing a copy of the order restricting abusive litigation and is under
no obligation or duty to respond to the summons, complaint, petition, or motion, or
to answer interrogatories or any other discovery request, or to appear for depositions
or any other responsive action required by rule or statute in a civil action.
(h) If it is brought to the attention of the court that a person against whom prefiling
restrictions have been imposed has filed a new case or is continuing an existing case
without having been granted permission pursuant to this section, the court shall dismiss,
deny, or otherwise dispose of the matter. The court may take whatever action against
the perpetrator of abusive litigation deemed necessary and appropriate for a violation
of the order restricting abusive litigation.