Vermont Statutes Title 15 Sec. 1182
Terms Used In Vermont Statutes Title 15 Sec. 1182
- Abusive litigation: means litigation where the criteria set forth below in each of subdivisions (A)-(D) are found to have been established:
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: means any kind of legal action or proceeding, including:
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
§ 1182. Order restricting abusive litigation
(a) A party who meets the requirements of subdivision 1181(1) of this title may request an order restricting abusive litigation:
(1) in any answer or response to the litigation being filed, initiated, advanced, or continued;
(2) by motion made at any time during any open or ongoing case;
(3) in an answer or response to any motion or request for an order; or
(4) orally in any hearing.
(b) Any court of competent jurisdiction may, on its own motion or on motion of a party, determine that a hearing is necessary to determine if a party is engaging in abusive litigation.
(c) Proceedings pursuant to this subchapter may be initiated by petition instituting a new case or by motion in a pending case.
(d) The Court Administrator shall create forms for a petition or motion for an order restricting abusive litigation and an order restricting abusive litigation, and the forms shall be maintained by the clerks of the courts.
(e) No filing fee shall be charged to the unrestricted party for proceedings pursuant to this subchapter, regardless of whether it is filed pursuant to this subchapter.
(f) The provisions of this subchapter are nonexclusive and shall not affect any other remedy available. (Added 2023, No. 48, § 1, eff. September 1, 2023.)