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Current as of January 01, 2024 | Updated by Findlaw Staff
As used in this chapter:
1. “Litigation” means any civil or disciplinary action or proceeding, small claims action, appeal from an administrative agency, review of a referee order by the district court, or appeal to the supreme court. The term does not include criminal actions.
2. “Vexatious conduct” means conduct that:
a. Serves primarily to harass or maliciously injure another party in litigation;
b. Is not warranted under existing law and cannot be supported by a good faith argument for an extension, modification, or reversal of existing law;
c. Is imposed solely for delay;
d. Hinders the effective administration of justice;
e. Imposes an unacceptable burden on judicial personnel and resources; or
f. Impedes the normal and essential functioning of the judicial process.
3. “Vexatious litigant” means a litigant, either self-represented or represented by an attorney, who:
a. Has commenced, prosecuted, or maintained at least two litigations involving vexatious conduct, which were finally determined adversely to the litigant in the past seven years;
b. After litigation has been finally determined, relitigates or attempts to relitigate:
(1) The validity of the determination against the same party as to whom the litigation was finally determined; or
(2) The cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same party as to whom the litigation was finally determined;
c. Repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in any other tactics frivolous or intended to cause unnecessary burden, expense, or delay; or
d. Has previously been declared a vexatious litigant by any state or federal court of record in any action or proceeding.
Cite this article: FindLaw.com - North Dakota Century Code Title 28. Judicial Procedure, Civil § 28-36-01. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-28-judicial-procedure-civil/nd-cent-code-sect-28-36-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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