Vermont Statutes Title 15 Sec. 1184
Terms Used In Vermont Statutes Title 15 Sec. 1184
- Abusive litigation: means litigation where the criteria set forth below in each of subdivisions (A)-(D) are found to have been established:
- 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.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Litigation: means any kind of legal action or proceeding, including:
§ 1184. Burden of proof
(a) 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.
(b) After providing the parties an opportunity to be heard on any order or sanctions to be issued, the court may enter an order restricting abusive litigation that may include conditions deemed necessary and appropriate including:
(1) awarding the other party reasonable attorney’s fees and costs of responding to the abusive litigation, including the cost of seeking the order restricting abusive litigation; and
(2) identifying the party protected by the order and imposing prefiling restrictions upon the party found to have engaged in abusive litigation that pertains to any future litigation against the protected party or the protected party’s dependents.
(c) If the court finds that the litigation does not constitute abusive litigation, the court shall enter written or oral 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. (Added 2023, No. 48, § 1, eff. September 1, 2023.)