North Dakota Code 14-07.6-02 – Burden of proof – Dismissal – Entry of order restricting abusive litigation
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1. If a court finds by a preponderance of the evidence any of the litigation pending before the court constitutes abusive litigation, the court shall dispose of the litigation with prejudice.
Terms Used In North Dakota Code 14-07.6-02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
2. If the court finds abusive litigation, the court shall enter an order restricting abusive litigation. The order must:
a. Impose all costs of the abusive litigation against the filing party; and
b. Award the opposing party reasonable attorney’s fees and costs associated with responding to the abusive litigation, including the cost of seeking the order restricting abusive litigation.