Amends TCA Title 20 and Title 29, Chapter 41.
This bill: (1) Requires, prior to the clerk accepting for an action for filing and assigning a docket number, that a civil action pleading presented for filing on a person's own behalf and without representation by a licensed attorney be reviewed by an attorney licensed in this state and appointed by the court for a determination of whether the plaintiff's civil action presents a valid claim upon which relief can be granted. This bill specifies that the reviewing court-appointed attorney must review the pleadings presented and supporting evidence to determine whether: (A) The pleadings state a valid and verifiable claim upon which relief can be granted; (B) The defendant is within the court's jurisdiction; and (C) The claim is within the applicable statute of limitations; (2) Provides that if the plaintiff's civil action pleading is found by the reviewing court-appointed attorney to be without merit, then the clerk must assign the pleading a docket number and the court must immediately dismiss the plaintiff's civil action pleading with prejudice; (3) Provides that if a plaintiff's civil action pleading is found by the reviewing court-appointed attorney to be based upon reasonable and legitimate grounds, then the clerk will accept the civil action pleading for filing upon receipt from the plaintiff of a security bond in an amount determined by the court but not exceeding $100,000. Payment of the security bond required must be made from the state general fund when a plaintiff is proceeding without representation by a licensed attorney and in forma pauperis. If a plaintiff fails to pay the security bond within 30 days of notice by the clerk, then the clerk will assign the pleading a docket number and the court will immediately dismiss the plaintiff's civil action pleading with prejudice; (4) Requires approval of the presiding judge prior to the issuance of any subpoena in a civil action filed by a plaintiff proceeding without representation by a licensed attorney; (5) Requires, if a civil action filed by a plaintiff proceeding without representation by a licensed attorney is dismissed or a judgment is rendered against such plaintiff, the court to award the defendant reasonable attorney fees and all reasonable costs incurred in defending the civil action, to be paid from the security bond described above; and (6) Adds requirements for courts to provide certain information regarding abusive civil action plaintiffs. Under present, the court that dismisses a pending abusive civil action is required to impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than 48 months nor more than 72 months. This bill adds that the court must also distribute to the courts of each judicial district in the state a copy of the order imposing prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file. This bill also requires the courts of this state to maintain a list of all persons determined to be abusive civil action plaintiffs and the period of time the prefiling restrictions are in effect. Present law defines "abusive civil action" as a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one of the following factors are applicable: (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law; (B) Allegations and other factual contentions made in the civil action are without the existence of evidentiary support; or (C) Issue or issues that are the basis of the civil action have previously been filed in one or more other courts or jurisdictions by the same, and the actions have been litigated and disposed of unfavorably to the plaintiff.
This bill: (1) Requires, prior to the clerk accepting for an action for filing and assigning a docket number, that a civil action pleading presented for filing on a person's own behalf and without representation by a licensed attorney be reviewed by an attorney licensed in this state and appointed by the court for a determination of whether the plaintiff's civil action presents a valid claim upon which relief can be granted. This bill specifies that the reviewing court-appointed attorney must review the pleadings presented and supporting evidence to determine whether: (A) The pleadings state a valid and verifiable claim upon which relief can be granted; (B) The defendant is within the court's jurisdiction; and (C) The claim is within the applicable statute of limitations; (2) Provides that if the plaintiff's civil action pleading is found by the reviewing court-appointed attorney to be without merit, then the clerk must assign the pleading a docket number and the court must immediately dismiss the plaintiff's civil action pleading with prejudice; (3) Provides that if a plaintiff's civil action pleading is found by the reviewing court-appointed attorney to be based upon reasonable and legitimate grounds, then the clerk will accept the civil action pleading for filing upon receipt from the plaintiff of a security bond in an amount determined by the court but not exceeding $100,000. Payment of the security bond required must be made from the state general fund when a plaintiff is proceeding without representation by a licensed attorney and in forma pauperis. If a plaintiff fails to pay the security bond within 30 days of notice by the clerk, then the clerk will assign the pleading a docket number and the court will immediately dismiss the plaintiff's civil action pleading with prejudice; (4) Requires approval of the presiding judge prior to the issuance of any subpoena in a civil action filed by a plaintiff proceeding without representation by a licensed attorney; (5) Requires, if a civil action filed by a plaintiff proceeding without representation by a licensed attorney is dismissed or a judgment is rendered against such plaintiff, the court to award the defendant reasonable attorney fees and all reasonable costs incurred in defending the civil action, to be paid from the security bond described above; and (6) Adds requirements for courts to provide certain information regarding abusive civil action plaintiffs. Under present, the court that dismisses a pending abusive civil action is required to impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than 48 months nor more than 72 months. This bill adds that the court must also distribute to the courts of each judicial district in the state a copy of the order imposing prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file. This bill also requires the courts of this state to maintain a list of all persons determined to be abusive civil action plaintiffs and the period of time the prefiling restrictions are in effect. Present law defines "abusive civil action" as a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one of the following factors are applicable: (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law; (B) Allegations and other factual contentions made in the civil action are without the existence of evidentiary support; or (C) Issue or issues that are the basis of the civil action have previously been filed in one or more other courts or jurisdictions by the same, and the actions have been litigated and disposed of unfavorably to the plaintiff.
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