REFERENCE TITLE: vexatious litigants; designation

State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020

SB 1679

Introduced by Senator Farnsworth D

 

AN ACT

 

amending section 12‑3201, Arizona Revised Statutes; relating to vexatious litigants.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-3201, Arizona Revised Statutes, is amended to read:

START_STATUTE12-3201.  Vexatious litigants; designation; definitions

A.  In a noncriminal case, at the request of a party or on the court's own motion, the presiding judge of the superior court or a judge designated by the presiding judge of the superior court may designate a pro se litigant person as a vexatious litigant.

B.  A pro se litigant  person who is designated a vexatious litigant may not file a new pleading, motion or other document without prior leave of the court.

C.  A pro se litigant person is a vexatious litigant if the court finds the pro se litigant person engaged in vexatious conduct.

D.  The requesting party may make an amended request at any time if the court either:

1.  Determined that the party is not a vexatious litigant and the requesting party has new information or evidence that is relevant to the determination, even if there is not a pending case in the court.

2.  Did not rule on the original request during the pendency of the action, even if there is not a pending case in the court.

E.  For the purposes of this section:

1.  "Vexatious conduct" includes any of the following:

(a)  Repeated filing of court actions solely or primarily for the purpose of harassment.

(b)  Unreasonably expanding or delaying court proceedings.

(c)  Court actions brought or defended without substantial justification.

(d)  Engaging in abuse of discovery or conduct in discovery that has resulted in the imposition of sanctions against the pro se litigant person.

(e)  A pattern of making unreasonable, repetitive and excessive requests for information.

(f)  Repeated filing of documents or requests for relief that have been the subject of previous rulings by the court in the same litigation.

2.  "Without substantial justification" has the same meaning prescribed in section 12‑349. END_STATUTE