English
Español8-8.4-3. Hearing--Procedure
At the hearing, evidence of any of the following shall create a rebuttable presumption that litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, threatening, or maintaining contact with the other party:
(1) The same or substantially similar issues between the same or substantially similar parties have been litigated within the past five (5) years in the same court or any other court of competent jurisdiction;
(2) The same or substantially similar issues between the same or substantially similar parties have been raised, pled, or alleged in the past five (5) years and were decided on the merits or dismissed:
(3) Within the last five (5) years, the party allegedly engaging in abusive litigation has been sanctioned by any court for filing one or more cases, petitions, motions, or other filings that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party;
(4) Any court has determined that the party allegedly engaging in abusive litigation has previously engaged in abusive litigation or similar conduct, including, but not limited to, the filing of a private misdemeanor prosecution complaint pursuant to § 12-4-1 or § 12-10-12, and has been subject to a court order imposing prefiling restrictions;
(5) Proffered legal claims are not based on existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law;
(6) Allegations and other factual contentions made are without adequate evidentiary support or are unlikely to have evidentiary support after a reasonable opportunity for further investigation; or
(7) An issue or issues that are the basis of the litigation have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.
