NEW RULES DEAL WITH OPEN MEETINGS AND ABUSIVE LITIGATION
NEW RULES DEAL WITH OPEN MEETINGS AND ABUSIVE LITIGATION
ANDY FORWARD Attorney at Law
Two new rules took effect on Aug . 1 : N . D . Sup . Ct . Admin . R . 41.1 , relating to open meetings , and N . D . R . Ct . 8.15 , relating to abusive litigation .
Administrative Rule 41.1 implements the constitutional open meetings provision , N . D . Const . art . XI , § 5 , for the judicial branch . Section 1 of Rule 41.1 states the intent of the rule “ is to establish procedures for the judicial branch and its committees and workgroups to conduct open and public meetings while allowing flexibility to close meetings to consider matters necessary to carry out the courts ’ adjudicative functions and other matters of a confidential nature .”
Section 2 of Rule 41.1 states it applies to all committee and workgroup meetings and meetings of the supreme court justices unless otherwise provided . Section 3 of the rule defines “ committee ” as a group of individuals formally appointed to meet as a group under a court rule . Committee also includes the Judicial Conference , Board of Law Examiners , Judicial Conduct Commission , and the Judicial Nominating Committee . A “ workgroup ” is a group of individuals given authority by the chief justice to meet and provide guidance to the supreme court . A “ meeting ” is “ a formal or informal gathering or work session , whether in person or through electronic means of a quorum of members .” Court proceedings and internal staff meetings are not considered committee or workgroup meetings under the rule .
Under Section 4 of Rule 41.1 , unless provided otherwise , all meetings under the rule must be open to the public . The right to attend a meeting includes the right to photograph , to record audio or video , and to broadcast live on radio or television the portion of the meeting that is not closed , provided there is no interference with the conduct of the meeting .
Section 5 of Rule 41.1 requires public notice be given in advance of all open meetings , including meetings held by electronic means . Notice must be posted to the North Dakota Supreme Court website at least 24 hours before a meeting . A meeting notice must contain the meeting ’ s date , time , location ( if held remotely , the link to join ), and topics to be considered .
Rule of Court 8.15 was adopted in response to N . D . C . C . Ch . 14-07.6 ( 2023 ), which governs abusive litigation in domestic relations cases . Under N . D . C . C . § 14- 07.6-01 ( 1 ), abusive litigation means , in part : ( 1 ) the parties have or had an intimate partner relationship ; ( 2 ) the filing party has committed an act of domestic violence or disorderly conduct against the opposing party ; ( 3 ) the filing party intends to harass , intimidate , maintain contact with , or retaliate against the opposing party ; and ( 4 ) allegations made by the filing party lack evidentiary support .
Rule 8.15 ( a ) requires an opposing party seeking protection from abusive litigation to make a Rule 3.2 motion . Under Rule
8.15 ( b ), the opposing party ’ s motion must be accompanied by a declaration or other admissible evidence demonstrating the filing party engaged in abusive litigation as defined by section 14-07.6-01 ( 1 ). Filing the motion stays the proceeding until an order for judgment is issued .
If a court finds the filing party has engaged in abusive litigation , section 14-07.6-02 provides the court must dispose of the litigation with prejudice and enter an order restricting abusive litigation . The order restricting abusive litigation must impose all costs of the abusive litigation against the filing party and award the opposing party reasonable attorney ’ s fees and costs associated with responding to the abusive litigation .
Rule 8.15 ( c ) authorizes an opposing party to make a claim for attorney ’ s fees and costs allowed under section 14-07.6-02 ( 2 ) after the court grants the order restricting abusive litigation . After determining attorney ’ s fees and costs , the court must order entry of judgment . Under Rule 8.15 ( d ), the order for judgment must : ( 1 ) dispose of the abusive litigation with prejudice ; ( 2 ) impose all costs of the abusive litigation against the filing party ; ( 3 ) award the opposing party reasonable attorney ’ s fees and costs associated with responding to the abusive litigation ; ( 4 ) restrict future litigation by the filing party against the opposing party by prohibiting the filing party from starting any new litigation against the opposing party without first obtaining leave of the court ; and ( 5 ) specify whether any part of the litigation may proceed as non abusive under section 14-07.6-03 .
The new rules are available on the North Dakota Supreme Court website , www . ndcourts . gov .
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