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Bill

SD 94

An Act relative to controlling and abusive litigation

194th Legislature (2025-2026) Introduced by Jo Comerford and 6 co-sponsors

Establishes court procedures to identify and sanction abusive litigation tactics, particularly in family law cases, aiming to protect vulnerable parties from harassment through frivolous filings.

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Bill Summary · SD 94

Legislative bill overview

Bill SD 94 would establish new procedural requirements and protections against abusive litigation tactics in Massachusetts courts. The bill aims to allow courts to sanction parties who file frivolous claims, engage in harassment through legal filings, or use litigation as a tool for intimidation or control—particularly in domestic relations and family law cases.

Why is this important

Abusive litigation (also called "legal abuse" or "paper abuse") uses the court system to harass, control, or intimidate an opponent, disproportionately affecting domestic violence survivors and vulnerable populations. Providing courts with clearer tools to identify and penalize such tactics could reduce harm and legal costs for victims, though implementation details significantly affect whether protections actually reach those who need them.

Potential points of contention

  • Definition clarity: "Abusive litigation" lacks a universally accepted legal definition, creating risk that courts apply standards inconsistently or that legitimate claims get wrongly labeled as frivolous
  • Due process concerns: Opponents may argue that broad sanctioning powers could chill legitimate legal claims or disadvantage self-represented litigants who lack legal sophistication
  • Burden on courts: Implementation requires judges to assess intent and pattern of filings, adding workload and discretionary decision-making that could vary by jurisdiction or judge
  • Access to justice tension: While protecting abuse victims, overly aggressive abuse-of-process standards might deter people from filing legitimate repetitive motions or appeals in complex cases

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

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