SB 2382 — Relating to vexatious litigation; and to declare an emergency.

The clerk may not file any litigation presented by the vexatious litigant subject to a prefiling order unless the vexatious litigant first obtains an order permitting the filing.

If the clerk mistakenly files the litigation without the order, any party may file a notice stating the plaintiff or complaining party in a disciplinary proceeding is a vexatious litigant subject to a prefiling order.

The filing of the notice automatically stays the litigation.

The litigation must be dismissed or denied unless the plaintiff or complainant, within ten days of the filing of the notice, obtains an order permitting the litigation to proceed.

If a party is served with a new litigation but the action is not filed with the clerk, the party served is not required to respond to the new litigation unless the Page No.

3 25.0666.02000 Sixty-ninth Legislative Assembly vexatious litigant obtains an order allowing the litigation to be filed and files and serves the new litigation.

5.

Upon receiving an application for leave to file, or upon notice from any party named in the litigation, the court shall rule on the application before ruling on the merits of any proposed filing.

6.

The court may award reasonable attorney's fees and costs to the party filing the notice under subsection 4.

7.

An order granting leave to file is not required for an application for indigent defense services.

Appeals.

1.

A prefiling order entered by a presiding judge designating an individual as a vexatious litigant may be appealed to the supreme court under section 28-27-02 and rule 4 of the North Dakota Rules of Appellate Procedure.

2.

A prefiling order entered by the supreme court is not appealable.

3.

An order denying the application for leave to file by a vexatious litigant is not appealable.

Supreme court order.

1.

The supreme court may, by motion of the court or of any party to an appeal, enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in the courts of this state as a self-represented party without first obtaining leave of a judge of the court where the litigation is proposed to be filed.

2.

If the supreme court finds there is a basis to conclude an individual is a vexatious litigant and determines a prefiling order should be issued, the supreme court shall issue a proposed prefling order and proposed findings in support of the order.

3.

An individual determined by the supreme court to be a vexatious litigant has fourteen days to file a written response to the proposed order.

4.

If a response is filed, the supreme court may grant a hearing on the proposed order.

If no response is filed within fourteen days, or if the supreme court concludes, following a response or any subsequent hearing there is a basis for issuing the order, the supreme court may issue the prefiling order.

Page No.

4 25.0666.02000 Sixty-ninth Legislative Assembly Electronic filing.

A self-represented party who has been declared a vexatious litigant may not file documents electronically and may not be provided a user identification and password to access the state court electronic filing system.

A self-represented vexatious litigant shall file all documents in paper format in compliance with all other rules of the court.

EffectPrefiling oforders prefilingin order.effect under supreme court rule before August 1, 2025, remain in effect.

ARules prefiling- orderAuthority. entered under this chapter supersedes any other order limiting or enjoining an individual's ability to file or serve papers or pleadings in any North Dakota state court litigation.

PageThe No.supreme court shall adopt rules to implement this chapter.

5SECTION 25.0666.020002.

EMERGENCY.

This Act is declared to be an emergency measure.

S.

B.

NO.

2382 - PAGE 3 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2382 and that two-thirds of the members-elect of the Senate voted in favor of said law.

Vote:

Yeas 42 Nays 2 Absent 3 ____________________________ ____________________________ President of the Senate Secretary of the Senate This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of said law.

Vote:

Yeas 72 Nays 21 Absent 1 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State