Where can I find information on processing an Abusive Litigation case?
Engrossed Substitute Senate Bill 6268 passed in the 2020 Washington State Legislative session creates an avenue for a party to restrict a current or former intimate partner from misusing court proceedings in order to control, harass, intimidate, coerce, and/or impoverish the abused partner. Effective 1/1/2021.
A party may request an Order Restricting Abusive Litigation in several ways:
- In any answer or response to litigation;
- By motion brought at any time during an existing case; or
- By filing a new cause of action (under RCW 26.51.010) within five years of the entry of a Protection Order even if the Order has expired.
- The Abusive Litigation (ABL) cause code/case type has been implemented in the Civil case category for new case filings under RCW 26.51.010.
- No filing fee is required for new ABL case filings.
- Non-well-identified parties (Non-WIPs) are used for new ABL case filings.
Abusive litigation pattern forms are available on the Washington State Pattern Court Forms web site: www.courts.wa.gov
Motion for Order Restricting Abusive Litigation
Order on Motion to Restrict Abusive Litigation
The Codes Committee has approved three codes (JIS Codes Committee) for use in abusive litigation:
Odyssey Business Process.
When an Order on Motion to Restrict Abusive Litigation Granted (ORGRAL) is signed in any existing cause of action or in a new ABL case:
- Select the party record for the restricted party named in the ORGRAL;
- Select the Additional Tab for that party record;
- Apply the Abusive Litigation Caution Flag.
Result:
1. Odyssey will display the Abusive Litigation Party flag for a restricted party on a case; and
2. The Person Comments field in JABS will include a comment when an abusive litigation restriction has been ordered on a person record.
SCOMIS/JIS - Pierce County Superior Court
Engrossed Substitute Senate Bill 6268 passed in the 2020 Washington State Legislative session creates an avenue for a party to restrict a current or former intimate partner from misusing court proceedings in order to control, harass, intimidate, coerce, and/or impoverish the abused partner. Effective 1/1/2021.
A party may request an Order Restricting Abusive Litigation in several ways:
- In any answer or response to litigation;
- By motion brought at any time during an existing case; or
- By filing a new cause of action (under RCW 26.51.010) within five years of the entry of a Protection Order even if the Order has expired.
- The Abusive Litigation (ABL) cause code/case type has been implemented in the Civil case category for new case filings under RCW 26.51.010.
- No filing fee is required for new ABL case filings.
- Non-well-identified parties (Non-WIPs) are used for new ABL case filings.
Abusive litigation pattern forms are available on the Court Forms web site: www.courts.wa.gov
Motion for Order Restricting Abusive Litigation
Order on Motion to Restrict Abusive Litigation
The Codes Committee has approved three codes (JIS Codes Committee) for use in abusive litigation:
MTRAL (Motion for Order Restricting Abusive Litigation)
ORGRAL (Order on Motion to Restrict Abusive Litigation Granted)
ORDRAL (Order on Motion to Restrict Abusive Litigation Denied)
When an Order on Motion to Restrict Abusive Litigation Granted (ORGRAL) is signed in any existing cause of action or in a new ABL case:
- Use the Person Comment Screen (PCMT) in JIS;
- Enter the Person Comment Code RAL;
- On the comment line, enter the case number associated to ORGRAL.
Result: The RAL code on PCMT will show in both the Juvenile and Corrections System (JCS), under the Person Comment menu option, and in the Judicial Access Browser System (JABS) under the person tab.
RN id: 2543