Washington Code 26.51.060 – Burden of proof — Dismissal or denial of pending abusive litigation — Entry of order restricting abusive litigation
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(1) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation, and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, or resolved by other disposition with prejudice.
Terms Used In Washington Code 26.51.060
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- 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: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) In addition to dismissal or denial of any pending abusive litigation within the jurisdiction of the court, the court shall enter an “order restricting abusive litigation.” The order shall:
(a) Impose all costs of any abusive civil action pending in the court at the time of the court’s finding pursuant to subsection (1) of this section against the party advancing the abusive litigation;
(b) Award the other party reasonable attorneys’ fees and costs of responding to the abusive litigation including the cost of seeking the order restricting abusive litigation; and
(c) Identify the party protected by the order and impose prefiling restrictions upon the party found to have engaged in abusive litigation for a period of not less than forty-eight months nor more than seventy-two months.
(3) If the court finds by a preponderance of the evidence that the litigation does not constitute abusive litigation, the court shall enter written findings and the litigation shall proceed. Nothing in this section or chapter shall be construed as limiting the court’s inherent authority to control the proceedings and litigants before it.
(4) The provisions of this section are nonexclusive and do not affect any other remedy available to the person who is protected by the order restricting abusive litigation or to the court.
[ 2020 c 311 § 6.]