Section NEW-8 - [Newly enacted section not yet numbered] [Effective 1/1/2025] Filing of new case or motion by person subject to an order restricting abusive litigation(a) A person subject to an order restricting abusive litigation who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing restrictions shall first file an application or motion before the court that imposed the order restricting abusive litigation to make a request to file. The court may examine witnesses, court records, and any other available evidence to determine if the proposed litigation is abusive litigation or if there are reasonable and legitimate grounds upon which the litigation is based.(b) Based on reviewing the records as well as any evidence submitted as sworn statements from the person who is subject to the order restricting abusive litigation, if the court determines the proposed litigation is abusive litigation, then it is not necessary for the person protected by the order to appear or participate in any way. If the court is unable to determine whether the proposed litigation is abusive litigation without hearing from the person protected by the order, then the court shall issue an order scheduling a hearing and notifying the protected party of the party's right to appear and participate in the hearing. The court order shall specify whether the protected party is expected to submit a written response. The court shall allow the protected party to attend the hearing remotely at the protected party's request.(c) If the court believes the requested filing by the party who is subject to the order restricting abusive litigation will constitute abusive litigation, the request shall be denied, dismissed, or otherwise disposed of with prejudice.(d) If the court reasonably believes that the requested filing by the party who is subject to the order restricting abusive litigation will not be abusive litigation, the court may grant the request and issue an order permitting the filing of the case, motion, or pleading. The court order shall be attached to the front of the pleading to be filed with the clerk. The party who is protected by the order restricting abusive litigation shall be served with a copy of the court order at the same time as the underlying pleading.(e) The findings of the court shall be reduced to writing and made a part of the record in the matter. If the party who is subject to the order restricting abusive litigation disputes the finding of the judge, the party may seek review of the decision as provided by the applicable court rules.(f) If the request to file is granted pursuant to this section, the period of time commencing with the filing of the request to file and ending with the issuance of an order permitting filing shall not be computed as a part of any applicable period of limitations within which the matter must be instituted.(g) After a party who is subject to an order restricting abusive litigation has made a request to file and been granted permission to file or advance a case pursuant to this section, if any court hearing or presiding over the case, or any part thereof, determines that the person is attempting to add parties, amend the complaint, or is otherwise attempting to alter the parties and issues involved in the litigation in a manner that the court reasonably believes would constitute abusive litigation, the court shall stay the proceedings and refer the case back to the court who granted the request to file for further disposition.(h) If a party who is protected by an order restricting abusive litigation is served with a pleading filed by the person who is subject to the order and the pleading does not have an attached order allowing the filing, the protected party may respond by filing a copy of the order restricting abusive litigation.(i) If it is brought to the court's attention that a person who is subject to an order restricting abusive litigation has filed a new case or is continuing an existing case without having been granted a request to file pursuant to this section, the court shall dismiss, deny, or otherwise dispose of the matter on the court's own motion or initiative. The court may take whatever action against the perpetrator of abusive litigation deemed necessary and appropriate for a violation of the order.(j) If a party who is protected by an order restricting abusive litigation is served with a pleading filed by the person who is subject to the order, and the pleading does not have an attached order allowing the pleading, the protected party is under no obligation or duty to respond to the summons, complaint, petition, or motion; answer interrogatories; appear for depositions; or take any other responsive action required by statute or rule in a civil action.(k) If the court who issued the order restricting abusive litigation is otherwise unavailable for any reason, any other court may perform the review required and permitted by this section.(l) For the purposes of this section, "perpetrator of abusive litigation" means a person who files, initiates, advances, or continues litigation in violation of an order restricting abusive litigation."Added by L 2024, c 252,§ 2, eff. 1/1/2025.