Vexatious Litigants

Chapter 11 of the Civil Practice and Remedies Code establishes the definition and procedures for declaring a plaintiff vexatious.

Section 11.104 of the Civil Practice and Remedies Code requires the clerk of a court to send OCA, within 30 days a copy of any prefiling order issued under Section 11.101, an order prohibiting a person from filing new litigation in a court in the state if the court finds, after notice and a hearing, that the person is a vexatious litigant.

To file further litigation, the person must obtain permission from the appropriate local administrative judge. [Refer to the Judicial Directory for the list of local administrative judges.] The judge may grant permission only if it appears that the proposed litigation has merit and has not been filed for the purposes of harassment or delay.

OCA is required to maintain a list of vexatious litigants subject to prefiling orders under Section 11.101 of the Civil Practice and Remedies Code. OCA has no discretion in maintaining the list, nor does it have the authority to remove a name from the list. In order to remove a name from the vexatious litigant list, OCA must receive an order directly from the issuing court vacating the prefiling order or from an appellate court reversing the order.