Authorizes county clerks to reject or notate frivolous filings and outlines procedures for doing so.
This bill creates a procedure for county clerks to reject or notate filings deemed frivolous. A filing is defined as lacking an arguable basis in law or fact or being presented for an improper purpose, including harassment. County clerks can reject new filings before fees are deposited or the filing is recorded. For previously filed documents, clerks can file a motion with the district court to declare the filing frivolous, with the submitter given notice and an opportunity to be heard. If the court agrees, the clerk can notate the filing as frivolous.
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- Overview
- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
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