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)

Became Law

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Bill Overview

Analyzed Economic Effects

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

Statewide tracking of prefiling orders

Clerks must send copies of prefiling orders to the state court administrator and to each U.S. district court in the state. The state court administrator keeps a roster of people under these orders. One prefiling order controls across North Dakota courts because it overrides other state orders that limit filing.

Filing limits for vexatious litigants

If you are under a prefiling order, you must get a judge’s permission before filing any new case or document. The court can require money up front to cover the other side’s reasonable fees and costs. Filings made without permission can be dismissed, and violations can be punished as contempt. Clerks do not accept your filings without an order; if one is filed by mistake, any party may file a notice, which stays the case and it is dismissed unless you get permission within 10 days. Someone served with an unfiled complaint does not need to respond until an order allowing filing is served. Courts rule on permission to file before taking up the merits. If you are self‑represented and declared vexatious, you cannot e‑file and must file on paper.

How courts label vexatious litigants

The law defines vexatious conduct and who counts as a vexatious litigant. A judge may propose a prefiling order and must give 14 days to respond, and may hold a hearing before a final order. The state supreme court can use the same process in appeals. You can appeal a prefiling order made by a presiding judge. A supreme court prefiling order and a denial of permission to file are not appealable.

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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