Rule 83. Vexatious litigants.
(a)(1) The courtmay find a person to be a "vexatious litigant" if the person,including an attorney acting pro se, without legal representation, does any ofthe following:
(a)(1)(A) In theimmediately preceding seven years, the person has filed at least five claimsfor relief, other than small claims actions, that have been finally determinedagainst the person, and the person does not have within that time at least twoclaims, other than small claims actions, that have been finally determined inthat person?s favor.
(a)(1)(B) After aclaim for relief or an issue of fact or law in the claim has been finallydetermined, the person two or more additional times re-litigates or attempts tore-litigate the claim, the issue of fact or law, or the validity of thedetermination against the same party in whose favor the claim or issue wasdetermined.
(a)(1)(C) In anyaction, the person three or more times does any oneor any combination of the following:
(a)(1)(C)(ii)files pleadings or other papers that contain redundant, immaterial, impertinentor scandalous matter,
(a)(1)(C)(iii)conducts unnecessary discovery or discovery that is not proportional to what isat stake in the litigation, or
(a)(1)(C)(iv)engages in tactics that are frivolous or solely for the purpose of harassmentor delay.
(a)(1)(D) Theperson purports to represent or to use the procedures of a court other than acourt of the United States, a court created by the Constitution of the UnitedStates or by Congress under the authority of the Constitution of the UnitedStates, a tribal court recognized by the United States, a court created by astate or territory of the United States, or a court created by a foreign nationrecognized by the United States.
(a)(2) ?Claim?and ?claim for relief? mean a petition, complaint, counterclaim, cross claim orthird-party complaint.
(b) Vexatious litigant orders. The court may, on its own motion oron the motion of any party, enter an order requiring a vexatious litigant to:
(b)(1) furnishsecurity to assure payment of the moving party?s reasonable expenses, costsand, if authorized, attorney fees incurred in a pending action;
(b)(2) obtainlegal counsel before proceeding in a pending action;
(b)(3) obtainlegal counsel before filing any future claim for relief;
(b)(4) abide bya prefiling order requiring the vexatious litigant toobtain leave of the court before filing any paper, pleading, or motion in apending action;
(b)(5) abide bya prefiling order requiring the vexatious litigant toobtain leave of the court before filing any future claim for relief; or
(b)(6) take anyother action reasonably necessary to curb the vexatious litigant?s abusiveconduct.
(c) Necessary findings and security.
(c)(1) Beforeentering an order under subparagraph (b), the court must find by clear andconvincing evidence that:
(c)(1)(A) theparty subject to the order is a vexatious litigant; and
(c)(1)(B) thereis no reasonable probability that the vexatious litigant will prevail on theclaim.
(c)(2) Apreliminary finding that there is no reasonable probability that the vexatiouslitigant will prevail is not a decision on the ultimate merits of the vexatiouslitigant?s claim.
(c)(3) The courtshall identify the amount of the security and the time within which it is to befurnished. If the security is not furnished as ordered, the court shall dismissthe vexatious litigant?s claim with prejudice.
(d) Prefiling orders in a pending action.
(d)(1) If avexatious litigant is subject to a prefiling order ina pending action requiring leave of the court to file any paper, pleading, ormotion, the vexatious litigant shall submit any proposed paper, pleading, ormotion to the judge assigned to the case and must:
(d)(1)(A)demonstrate that the paper, pleading, or motion is based on a good faithdispute of the facts;
(d)(1)(B)demonstrate that the paper, pleading, or motion is warranted under existing lawor a good faith argument for the extension, modification, or reversal ofexisting law;
(d)(1)(C) includean oath, affirmation or declaration under criminal penalty that the proposedpaper, pleading or motion is not filed for the purpose of harassment or delayand contains no redundant, immaterial, impertinent or scandalous matter;
(d)(3) After a
(d)(4) Allpapers, pleadings, and motions filed by a vexatious litigant subject to a
(e) Prefiling orders as to future claims.
(e)(1) Avexatious litigant subject to a prefiling orderrestricting the filing of future claims shall, before filing, obtain an orderauthorizing the vexatious litigant to file the claim. The presiding judge ofthe judicial district in which the claim is to be filed shall decide theapplication. In granting an application, the presiding judge may impose in thepending action any of the vexatious litigant orders permitted under paragraph(b).
(e)(2) To obtainan order under paragraph (e)(1), the vexatious litigant?s application must:
(e)(2)(A)demonstrate that the claim is based on a good faith dispute of the facts;
(e)(2)(B)demonstrate that the claim is warranted under existing law or a good faithargument for the extension, modification, or reversal of existing law;
(e)(2)(C) includean oath, affirmation, or declaration under criminal penalty that the proposedclaim is not filed for the purpose of harassment or delay and contains noredundant, immaterial, impertinent or scandalous matter;
(e)(2)(D) includea copy of the proposed petition, complaint, counterclaim, cross-claim, or thirdparty complaint; and
(e)(2)(E) includethe court name and case number of all claims that the applicant has filedagainst each party within the preceding seven years and the disposition of eachclaim.
(e)(4) Afterfive years a person subject to a pre-filing order limiting the filing of futureclaims may file a motion to vacate the order. The motion shall be filed in thesame judicial district from which the order entered and be decided by thepresiding judge of that district.
(e)(5) A claimfiled by a vexatious litigant subject to a prefilingorder under this paragraph (e) shall include an order authorizing the filingand any required security. If the order or security is not included, the clerkof court shall reject the filing.
(f) Notice of vexatious litigant orders.
(f)(1) Theclerks of court shall notify the Administrative Office of the Courts that apre-filing order has been entered or vacated.
(f)(2) TheAdministrative Office of the Courts shall disseminate to the clerks of court alist of vexatious litigants subject to a prefilingorder.
(g) Statute of limitations or time for filing tolled. Anyapplicable statute of limitations or time in which the person is required totake any action is tolled until 7 days after notice of the decision on themotion or application for authorization to file.
(h) Contempt sanctions. Disobedience by a vexatious litigant of apre-filing order may be punished as contempt of court.
(i) Other authority. This rule does notaffect the authority of the court under other statutes and rules or theinherent authority of the court.