Bill Text: OR HB2520 | 2013 | Regular Session | Introduced

Oregon House Bill 2520 (Prior Session Legislation)

Bill Title: Relating to vexatious litigants.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2520 Detail]

Download: Oregon-2013-HB2520-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1297

                         House Bill 2520

Sponsored by Representative THOMPSON (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows party defending claim to move for order that claimant is
vexatious litigant. Provides that court may order vexatious
litigant to deposit surety bond in amount of defending party's
attorney fees and costs.
  Allows court to enter order prohibiting vexatious litigant from
filing action without consent of judge.

                        A BILL FOR AN ACT
Relating to vexatious litigants.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 2 to 4 of this 2013 Act, '
vexatious litigant' means a person who:
  (1) In the preceding seven years, has commenced or maintained
without appearance by attorney five or more civil proceedings,
excluding proceedings in a small claims department, that have
been determined adversely to the person;
  (2) Repeatedly relitigates or attempts to relitigate, without
appearance by attorney, issues or claims that have already been
determined adversely to the person in a proceeding involving the
same parties; or
  (3) In any litigation while acting without appearance by
attorney, repeatedly files unmeritorious motions, pleadings or
other papers, conducts unnecessary discovery, or engages in other
tactics that are frivolous or solely intended to cause
unnecessary delay. + }
  SECTION 2.  { + (1) In a civil proceeding, a party defending a
claim may move the court for an order that the claimant is a
vexatious litigant. If the court finds that the claimant is a
vexatious litigant and that there is no reasonable probability
that the claimant will prevail on the claim, the court shall
require the claimant to deposit a surety bond in an amount
determined by the court to be sufficient to compensate the
defending party for the party's attorney fees and costs in
defending the claim. The surety bond must be conditioned that the
claimant pays all attorney fees and costs that are awarded to the
defending party in the proceeding.
  (2) If a claimant fails to deposit a surety bond as required by
an order issued under subsection (1) of this section within 60
days after the order is issued, the court shall dismiss the
claimant's claims. + }

  SECTION 3.  { + (1) A court may, on its own motion or the
motion of any party, enter a prefiling order prohibiting a
vexatious litigant from filing an action without appearance by
attorney unless the vexatious litigant obtains the consent of the
presiding justice or presiding judge of the court where the
action is proposed to be filed.
  (2) If a court has issued an order under subsection (1) of this
section, the presiding justice or presiding judge may permit the
vexatious litigant to file an action only if it appears that the
litigation has merit and has not been filed for the purposes of
harassment or delay. The presiding justice or presiding judge may
condition the filing of an action upon the deposit of a surety
bond, as provided in section 2 of this 2013 Act, in an amount
determined by the court to be sufficient to compensate the
defending party for the party's attorney fees and costs in
defending the claim.
  (3) The clerk of the court shall provide the Judicial
Department with a copy of an order issued under this section. The
Judicial Department shall maintain a record of vexatious
litigants subject to orders issued under this section and shall
regularly disseminate a list of those persons to the courts of
this state. + }
  SECTION 4.  { + (1) A vexatious litigant subject to a prefiling
order issued under section 3 of this 2013 Act may file an
application to vacate the order and remove the vexatious
litigant's name from the Judicial Department's list of vexatious
litigants. The application must be filed in the court that
entered the order. The court may vacate the order and order
removal of a vexatious litigant's name from the Judicial
Department's list of vexatious litigants upon a showing of a
material change in the facts upon which the order was granted and
that the ends of justice would be served by vacating the order.
  (2) A vexatious litigant whose application under subsection (1)
of this section is denied may not file another application until
12 months after the date of the denial of the previous
application. + }
  SECTION 5.  { + Section 2 of this 2013 Act applies only to
actions commenced on and after the effective date of this 2013
Act. + }
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