Vexatious Litigants: When Can A Court Restrict A Party’s Access To The Courts?

Article I, section 10 of the Washington State Constitution guarantees Washington residents access to the courts. That right does not mean that a person has unlimited access.

RCW 26.51.030 specifically addresses one form of abusive litigation in cases involving current or former intimate partners. Generally, the statute applies when a party who has been found by a court to have committed domestic violence against the opposing party pursues litigation primarily to harass, intimidate, or maintain contact with that person, and the litigation also involves factors such as unsupported legal or factual claims or issues that have already been litigated and resolved against that party. See Prevention of Abusive Litigation Between Intimate Partners.

But courts may also encounter an abusive use of litigation in cases that do not involve current or former intimate partners. Although due process guarantees a meaningful opportunity to be heard, the right of access to the courts is not without limits. Courts have authority to control the conduct of litigants who interfere with the orderly administration of judicial proceedings. To prevent abuse of the judicial process, a court may, in appropriate circumstances, declare a party a vexatious litigant and impose reasonable restrictions such as requiring pre-filing authorization.

If a party is litigious, it is not enough to support a vexatious litigant order. A trial court must make a “specific and detailed showing of a pattern of abusive and frivolous litigation” to enjoin a party from engaging in future litigation. Whether a litigant’s conduct rises to the level of vexatious litigation depends on the particular facts and circumstances. Relevant conduct may include repeatedly filing duplicative lawsuits, submitting an excessive number of filings concerning issues that have already been addressed, or continuing to pursue claims after being expressly informed by the court that those claims lack merit.

Whether a party’s conduct qualifies as abusive or vexatious litigation depends heavily on the specific facts, procedural history, and applicable law. If you believe another party is abusing the court system, or if you are concerned that restrictions may be sought against you, consider consulting with an experienced attorney. An attorney can review the history of the litigation, evaluate the available remedies, and advise you on the appropriate steps to protect your rights and interests.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.