North DakotaSB 23822025 Regular SessionSenate

AN ACT to create and enact a new chapter to title 28 of the North Dakota Century Code, relating to vexatious litigation; and to declare an emergency.

Sponsored By: Jonathan Sickler (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Abusive filers face limits and costs

North Dakota courts must require prior court approval for filings by people found to be vexatious litigants. The court must find that the person more likely than not meets at least one test: at least two cases involving vexatious conduct finally decided against them within seven years; retrying a final decision or settled issues against the same party; repeatedly filing meritless papers, seeking unnecessary discovery, or using frivolous or burdensome tactics; or a prior vexatious-litigant finding by a state or federal court of record. Vexatious conduct includes harassment, malicious injury, claims without legal support or a good-faith argument to change the law, delay-only tactics, or conduct that obstructs justice or unacceptably burdens court resources. The order requires approval before new cases or papers in existing cases can be filed. It also makes the filer pay all costs of the vexatious litigation. The opposing party receives reasonable attorney fees and costs, including the cost of seeking the order. The law covers civil and disciplinary proceedings, small claims, agency appeals, district court reviews of referee orders, and North Dakota Supreme Court appeals—not criminal cases. Clerks must send orders to the state court administrator and each federal district court in North Dakota. The administrator maintains a list of people subject to these orders. Orders in effect under Supreme Court rules before August 1, 2025, remain in force. The Supreme Court can adopt implementing rules. The act is an emergency measure.

Sponsors & Cosponsors

Sponsor

  • Jonathan Sickler

    Republican • Senate

Cosponsors

  • Mike Lefor

    Republican • House

  • David Hogue

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 159 • No: 23

Senate vote • 3/25/2025

Second reading, passed, yeas 42 nays 2, Emergency clause carried

Yes: 42 • No: 2

House vote • 3/20/2025

Second reading, passed as amended, yeas 72 nays 21

Yes: 72 • No: 21

Senate vote • 2/18/2025

Second reading, passed, yeas 45 nays 0

Yes: 45 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 03/31

    4/1/2025House
  2. Signed by Governor 03/28

    3/31/2025Senate
  3. Sent to Governor

    3/27/2025Senate
  4. Signed by President

    3/27/2025Senate
  5. Signed by Speaker

    3/27/2025House
  6. Second reading, passed, yeas 42 nays 2, Emergency clause carried

    3/25/2025Senate
  7. Concurred

    3/25/2025Senate
  8. Returned to Senate (12)

    3/21/2025Senate
  9. Emergency clause carried

    3/20/2025House
  10. Second reading, passed as amended, yeas 72 nays 21

    3/20/2025House
  11. Amendment adopted, placed on calendar

    3/19/2025House
  12. Reported back amended, do pass, amendment placed on calendar 7 6 1

    3/18/2025House
  13. Committee Hearing 02:46

    3/17/2025House
  14. Committee Hearing 10:00

    3/5/2025House
  15. Introduced, first reading, referred Judiciary Committee

    2/21/2025House
  16. Received from Senate

    2/19/2025House
  17. Second reading, passed, yeas 45 nays 0

    2/18/2025Senate
  18. Amendment adopted, placed on calendar

    2/13/2025Senate
  19. Reported back amended, do pass, amendment placed on calendar 6 0 1

    2/12/2025Senate
  20. Committee Hearing 10:00

    2/11/2025Senate
  21. Introduced, first reading, referred Judiciary Committee

    1/27/2025Senate

Bill Text

  • Adopted by the Senate Judiciary Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Klemin

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