Monday, February 25th, 2008...10:41 am
Litigation Control in the Alaska Legislature
Frivolous litigation
HB 349 (Chenault), if passed, would amend Civil Rule 82(b) and Appellate Rule 408(e) [and codify both] to authorize fee awards against attorneys and parties who defend, as well as prosecute “frivolous litigation,” including cross-appeals as well as appeals. The bill is in Judiciary Committee.
SB 226 (Judiciary Committee) is a more ambitious bill, and apparently one with some chance of success. It would direct the Court System to create a state-wide list of “vexatious litigants” who would need to obtain permission from the Presiding Judge before filing suit, and would need to post security to cover an adverse award of fees and costs. The Senate Judiciary Committee unanimously approved SB 226 on February 13th and referred it to Finance.
District Court discovery
HB 399 (Gruenberg) would amend District Court Civil Rule 1 to eliminate the automatic cap on discovery in property and personal injury matters.
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