(1) The courtmay find a person to be a "vexatious litigant" if the person, with orwithout legal representation, including an attorney acting pro se, does any ofthe following:
(A) In theimmediately preceding seven years, the person has filed at least five claimsfor relief, other than small claims actions, that have been finally determinedagainst the person, and the person does not have within that time at least twoclaims, other than small claims actions, that have been finally determined inthat person?s favor.
(B) After aclaim for relief or an issue of fact or law in the claim has been finallydetermined, the person two or more additional times re-litigates or attempts tore-litigate the claim, the issue of fact or law, or the validity of thedetermination against the same party in whose favor the claim or issue wasdetermined.
(C) In anyaction, the person three or more times does any one orany combination of the following:
(D) The personpurports to represent or to use the procedures of a court other than a court ofthe United States, a court created by the Constitution of the United States orby Congress under the authority of the Constitution of the United States, atribal court recognized by the United States, a court created by a state orterritory of the United States, or a court created by a foreign nationrecognized by the United States.
(2) ?Claim? and?claim for relief? mean a petition, complaint, counterclaim, cross claim orthird-party complaint.
(2) obtain legalcounsel before proceeding in a pending action;
(3) obtain legalcounsel before filing any future claim for relief;
(1) Beforeentering an order under subparagraph (b), the court must find by clear andconvincing evidence that:
(2) A preliminaryfinding that there is no reasonable probability that the vexatious litigantwill prevail is not a decision on the ultimate merits of the vexatiouslitigant?s claim.
(3) The courtshall identify the amount of the security and the time within which it is to befurnished. If the security is not furnished as ordered, the court shall dismissthe vexatious litigant?s claim with prejudice.
(1) If avexatious litigant is subject to a prefiling orderin a pending action requiring leave of the court to file any paper, pleading,or motion, the vexatious litigant shall submit any proposed paper, pleading, ormotion to the judge assigned to the case and must:
(C) include anoath, affirmation or declaration under criminal penalty that the proposedpaper, pleading or motion is not filed for the purpose of harassment or delayand contains no redundant, immaterial, impertinent or scandalous matter;
(3) Aftera prefiling order has been effective in apending action for one year, the person subject to the prefiling ordermay move to have the order vacated. The motion shall be decided by the judge towhom the pending action is assigned. In granting the motion, the judge mayimpose any other vexatious litigant orders permitted in paragraph (b).
(4) All papers,pleadings, and motions filed by a vexatious litigant subject to a
(1) A vexatiouslitigant subject to a prefiling orderrestricting the filing of future claims shall submit an application seeking anorder before filing. The presiding judge of the judicial district in which theclaim is to be filed shall decide the application. The presiding judge mayconsult with the judge who entered the vexatious litigant order in deciding theapplication. In granting an application, the presiding judge may impose in thepending action any of the vexatious litigant orders permitted under paragraph(b).
(2) To obtain anorder under paragraph (e)(1), the vexatious litigant?sapplication must:
(C) include anoath, affirmation, or declaration under criminal penalty that the proposedclaim is not filed for the purpose of harassment or delay and contains noredundant, immaterial, impertinent or scandalous matter;
(4) After fiveyears a person subject to a pre-filing order limiting the filing of futureclaims may file a motion to vacate the order. The motion shall be filed in thesame judicial district from which the order entered and be decided by thepresiding judge of that district.
(5) A claimfiled by a vexatious litigant subject to a prefiling orderunder this paragraph (e) shall include an order authorizing the filing and anyrequired security. If the order or security is not included, the clerk of courtshall reject the filing.
(1) The clerksof court shall notify the Administrative Office of the Courts that a pre-filingorder has been entered or vacated.
(2) TheAdministrative Office of the Courts shall disseminate to the clerks of court alist of vexatious litigants subject to a prefiling order.