Bill Text: MS SB2641 | 2021 | Regular Session | Introduced
Bill Title: Vexatious Litigant Act of 2021; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2641 Detail]
Download: Mississippi-2021-SB2641-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) McDaniel
Senate Bill 2641
AN ACT TO ENACT THE MISSISSIPPI VEXATIOUS LITIGANT ACT OF 2021; TO DEFINE TERMS; TO PROVIDE RELIEF FOR DEFENDANTS SUBJECTED TO SUIT BY PERSONS DETERMINED BY A COURT TO BE VEXATIOUS LITIGANTS; TO REQUIRE POSTING OF SECURITY FOR COSTS AND FEES UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act may be cited as the "Mississippi Vexatious Litigant Act of 2021."
SECTION 2. As used in this act, the following terms shall have the meanings ascribed unless the context requires otherwise:
(a) "Action" means a civil action governed by the Mississippi Rules of Civil Procedure.
(b) "Defendant" means any person against whom an action is or was commenced or is sought to be commenced.
(c) "Security" means an undertaking by a vexatious litigant to ensure payment to a defendant in an amount reasonably sufficient to cover the defendant's anticipated, reasonable expenses of litigation, including attorney's fees and taxable costs.
(d) "Person" means individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other entities, groups or combinations.
(e) "Vexatious litigant" means:
(i) A person who, in the immediately preceding five-year period, has commenced, prosecuted, or maintained, pro se, five (5) or more civil actions in any court in this state other than justice court, which actions have been finally and adversely determined against the person; or
(ii) Any person previously found to be a vexatious litigant pursuant to this section.
(iii) An action is not deemed to be "finally and adversely determined" if an appeal in that action is pending. If an action has been commenced on behalf of a party by an attorney licensed to practice law in this state, that action is not deemed to be pro se even if the attorney later withdraws from the representation and the party does not retain new counsel.
SECTION 3. (1) (a) In any action pending in any court of this state other than justice court, any defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion shall be based on the grounds, and supported by a showing, that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant.
(b) At the hearing upon any defendant's motion for an order to post security, the court shall consider any evidence, written or oral, by witness or affidavit, which may be relevant to the consideration of the motion. No determination made by the court in such a hearing shall be admissible on the merits of the action or deemed to be a determination of any issue in the action. If, after hearing the evidence, the court determines that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant, the court shall order the plaintiff to furnish security to the moving defendant in an amount and within a time as the court deems appropriate.
(c) If the plaintiff fails to post security required by an order of the court under this section, the court shall immediately issue an order dismissing the action with prejudice as to the defendant for whose benefit the security was ordered.
(d) If a motion for an order to post security is filed before the trial in an action, the action shall be automatically stayed and the moving defendant need not plead or otherwise respond to the complaint until ten (10) days after the motion is denied. If the motion is granted, the moving defendant shall respond or plead no later than ten (10) days after the required security has been furnished.
(2) In addition to any other relief provided in this section, the court may, on its own motion or on the motion of any party, enter a prefiling order prohibiting a vexatious litigant from commencing, pro se, any new action in that court without first obtaining leave of the senior judge. Disobedience of such an order may be punished as contempt of court. Leave of court shall be granted by the senior judge only upon a showing that the proposed action is meritorious and is not being filed for the purpose of delay or harassment. The senior judge may condition the filing of the proposed action upon the furnishing of security as provided in this section.
(3) The clerk of the court shall not file any new action by a vexatious litigant pro se unless the vexatious litigant has obtained an order from the senior judge permitting the filing. If the clerk of the court mistakenly permits a vexatious litigant to file an action pro se in contravention of a prefiling order, any party to that action may file with the clerk and serve on the plaintiff and all other defendants a notice stating that the plaintiff is a pro se vexatious litigant subject to a prefiling order. The filing of the notice shall automatically stay the litigation against all defendants to the action. The senior judge shall automatically dismiss the action with prejudice within ten (10) days after the filing of the notice unless the plaintiff files a motion for leave to file the action. If the senior judge issues an order permitting the action to be filed, the defendants need not plead or otherwise respond to the complaint until ten (10) days after the date of service by the plaintiff, by United States mail, with a copy of the order granting leave to file the action.
(4) The clerk of a court shall provide copies of all pre-filing orders to the Clerk of the Mississippi Supreme Court, who shall maintain a registry of all vexatious litigants.
(5) The relief provided under this section shall be cumulative to any other relief or remedy available to a defendant under the laws of this state and the Mississippi Rules of Civil Procedure, including, but not limited to, the relief provided under the Litigation Accountability Act of 1988, Title 11, Chapter 55, Mississippi Code of 1972, and the sanctions available under Rule 11.
SECTION 4. This act shall take effect and be in force from and after July 1, 2021.
