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SF 291

A bill for an act relating to vexatious litigation and providing penalties.

2025-2026 Regular Session Introduced by Adrian Dickey

SF 291 makes filing bad-faith or baseless civil claims a serious misdemeanor, deterring vexatious suits with up to 1 year jail and $430-$2,560 fines for litigants and counsel.

Subcommittee recommends passage.
#civillaw #civilprocedure #criminaloffenders #litigation #misdemeanors #tortlaw
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Bill Summary · SF 291

Summary of SF 291 — Vexatious Litigation and Penalties

Overview

  • Bill number: SF 291
  • Title: A bill for an act relating to vexatious litigation and providing penalties
  • Subject areas: Civil Law, Civil Procedure, litigation, tort law; including provisions affecting criminal offenders and misdemeanors
  • Introduced: February 12, 2025
  • Status: Subcommittee recommends passage
  • Primary sponsor: DICKEY

Purpose and intent

SF 291 seeks to deter vexatious or baseless civil litigation by creating a criminal penalty for individuals (and their counsel) who file, bring, defend, or assert civil claims against another person in bad faith or without a reasonable basis in law or fact. The bill defines the behavior and attaches a criminal penalty to curb abusive or frivolous litigation practices.

Key provisions

  • New statutory section: Section 720.6A, Vexatious Litigation
    • A person or the person’s counsel who files, brings, defends, or asserts a civil claim against another person in bad faith or without a reasonable basis in law or fact commits a serious misdemeanor.
  • Penalty framework: A serious misdemeanor is punishable by:
    • Confinement for up to 1 year, and
    • A fine ranging from at least $430 to no more than $2,560.
  • Note on explanation: The bill includes an explanatory section noting that the explanation does not constitute agreement with its substance by the General Assembly; the explanatory material is standard legislative context.

Who is affected

  • Directly affected: Individuals who file, bring, defend, or assert civil claims, and their legal counsel, who do so in bad faith or without a reasonable basis in law or fact.
  • Indirectly affected: Civil litigants, opposing parties, and the courts handling civil cases, which would implement and enforce the new misdemeanor penalty if the conduct is proven.

Procedural and timeline aspects

  • Referred to: Judiciary (upon introduction).
  • Subcommittee actions:
    • February 17, 2025: Subcommittee members named (Bousselot, Blake, Webster).
    • February 24–25, 2025: Subcommittee meeting and scheduled vote.
    • February 25, 2025: Subcommittee recommended passage.
  • Next steps: With a subcommittee recommendation, the bill would proceed to the full committee for consideration and, if advanced, toward floor action.

Fiscal and implementation considerations

  • The provided text does not include a fiscal note. Implementation would involve court personnel assessing whether a claim was filed in bad faith or without a reasonable basis, and applying the new criminal penalty where warranted. The bill sets a defined maximum penalty (1 year) and a fixedFine range, which would influence potential enforcement costs and penalty assessments.

Potential impact and considerations

  • Deterrence: Aims to deter frivolous or vindictive civil claims by imposing criminal penalties on bad-faith filings.
  • Legal strategy: Could influence litigants and counsel to carefully assess the basis of claims before initiating or continuing litigation.
  • Judicial considerations: Courts would apply the new standard to determine “bad faith” or lack of a reasonable basis in law or fact, potentially requiring clear evidentiary thresholds.
  • Public policy considerations: As with vexatious litigation statutes, debates may arise about balancing protection from abuse of process with access to courts and legitimate civil claims.

If you’d like, I can tailor this summary to a specific audience (legal practitioners, policymakers, or general readers) or add a brief comparison to similar statutes in other jurisdictions.

Compiled from official sources — confirm details with the bill’s official record.

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