SB96 (2013) Detail

Relative to vexatious litigants.


CHAPTER 181

SB 96 – FINAL VERSION

03/07/13 0508s

29May2013… 1582h

2013 SESSION

13-0889

09/03

SENATE BILL 96

AN ACT relative to vexatious litigants.

SPONSORS: Sen. Carson, Dist 14; Sen. Cataldo, Dist 6; Rep. Rowe, Hills 22

COMMITTEE: Judiciary

ANALYSIS

This bill establishes certain requirements for persons who are determined by the court to be vexatious litigants.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/13 0508s

29May2013… 1582h

13-0889

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to vexatious litigants.

Be it Enacted by the Senate and House of Representatives in General Court convened:

181:1 New Sections; Frivolous Lawsuits; Vexatious Litigants; Powers of Court. Amend RSA 507 by inserting after section 15 the following new sections:

507:15-a Vexatious Litigants.

I. In this section, “vexatious litigant” means an individual who has been found by a judge to have filed 3 or more frivolous lawsuits which the judge finds, by clear and convincing evidence, were initiated for the primary purpose of harassment.

II. The court may require a vexatious litigant to:

(a) Retain an attorney or other person of good character to represent him or her in all actions; or

(b) Post a cash or surety bond sufficient to cover all attorney fees and anticipated damages.

507:15-b Powers of Court. RSA 507:15 and RSA 507:15-a shall not be construed to diminish the inherent power of any court to grant appropriate relief not specified in those sections.

181:2 Effective Date. This act shall take effect upon its passage.

Approved: July 2, 2013

Effective Date: July 2, 2013