The State Bar seeks public comment on a new Rule of Procedure that will create procedures for certain litigants in State Bar Court to be designated as vexatious litigants and will allow the State Bar Court to place restrictions on those litigants.
Deadline: September 20, 2024, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
The State Bar Court seeks to address the problem of litigants who impose a disproportionate burden on resources by filing frivolous pleadings or by repeatedly attempting to relitigate issues that have already been resolved. Proposed new rule 5.19 of the State Bar Rules of Procedure will give the State Bar Court tools to control the behavior of vexatious litigants. The proposed rule sets out the criteria for a litigant to be declared a vexatious litigant, creates procedures for the court to make the determination as to whether a litigant meets those criteria, and sets forth the restrictions that can be imposed to control a vexatious litigant’s conduct. Those restrictions may include, when appropriate, a requirement that the litigant seek court approval before submitting pleadings for filing with the State Bar Court.
The judges and staff of the State Bar Court (SBC) struggle with the workload burden imposed by certain litigants who file frivolous pleadings, repeatedly attempt to relitigate issues that have been finally determined, and engage in other abusive litigation tactics. Though few in number, these vexatious litigants place a disproportionate burden on the court’s resources as time must be spent reviewing and responding to their repetitive and unmeritorious filings. The court therefore now seeks to create a Rule of Procedure that will give it the tools it needs to control the abusive behaviors of vexatious litigants.
Proposed rule 5.19 is modeled on California’s vexatious litigant statute, Code of Civil Procedure §391 et seq., and provides similar protections for the rights of litigants. The proposed rule sets out the criteria for a litigant to be declared a vexatious litigant, creates procedures for the court to make its determination, gives the litigant the opportunity to be heard, and sets forth the restrictions that can be imposed on a vexatious litigant to control their conduct.
Specifically, the proposed new rule defines “vexatious litigant” as a litigant who repeatedly relitigates or attempts to relitigate an issue of law or fact that has been finally determined by the SBC or by the Supreme Court, repeatedly files unmeritorious motions, pleadings or other papers or engages in other bad faith or frivolous litigation tactics, or has previously been declared to be a vexatious litigant in any state or federal court. The new rule allows the court, on its own motion or the motion of a party, to issue an order declaring a party to be a vexatious litigant and imposing requirements on that party as appropriate to control their conduct. It provides that no party may be declared a vexatious litigant without being given notice and the opportunity to be heard, and sets forth the procedures for a party to file a response to a motion to declare that party a vexatious litigant. The proposed rule permits interlocutory review of a ruling on a motion to declare a party a vexatious litigant and specifically permits the court, in an order declaring a party to be a vexatious litigant, to prohibit the vexatious litigant from filing a motion, supplement or amendment to any pleading in any matter before the SBC without first obtaining leave of the court. The court believes that adoption of rule 5.19 will allow the court to preserve court resources and protect the rights of all litigants to have their cases processed fairly and efficiently.
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Background material
Board of Trustees, sitting as the Regulation and Discipline Committee
September 20, 2024, 11:59 p.m.