28-36-02. Burden of proof - Entry of order restricting vexatious litigation.
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/nd/title-28/chapter-28-36-vexatious-litigation/28-36-02·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. If the court finds by a preponderance of the evidence an individual is a vexatious
litigant, the court shall enter a prefiling order restricting the vexatious litigant from filing
new litigation or filing documents within existing litigation without prior approval of the
court.
2. A prefiling order must:
a. Impose all costs of the vexatious litigation against the filing party; and
b. Award the opposing party reasonable attorney fees and costs associated with
responding to the vexatious litigant, including the cost of seeking the prefiling
order.