Background
Cassidy Joelle Larsgaard appealed a district court order designating her a vexatious litigant and requiring her to obtain leave of court before filing new litigation or additional documents in existing litigation. She also challenged the accompanying order requiring her to pay Michael Edwin Larsgaard $7,500 in attorney’s fees and costs.
The presiding judge initiated the vexatious-litigant proceeding by issuing a proposed pre-filing order with proposed findings. Cassidy submitted written responses, which the court considered before entering the final order, but the court declined to hold a hearing. The court found that her conduct satisfied the definitions of vexatious conduct and vexatious litigant under North Dakota Supreme Court Administrative Rule 58.
The Court’s Holding
The North Dakota Supreme Court affirmed, holding that the district court complied with Rule 58’s procedural requirements. The rule permits a presiding judge to act on the court’s own motion, so a separate motion or notice of motion from a party was unnecessary. Cassidy received the required notice and an opportunity to respond in writing, and Rule 58 gives the presiding judge discretion whether to hold a hearing. The court therefore did not abuse its discretion by proceeding without one.
The Supreme Court also concluded that the record supported the district court’s specific findings of vexatious conduct and its designation of Cassidy as a vexatious litigant. It further held that Rule 58 made an award of reasonable attorney’s fees and costs mandatory once that designation was entered. No separate fee motion or findings under the statutes Cassidy cited were required because the award rested on Rule 58, not those statutes. The district court identified $13,990 in relevant fees and costs but awarded $7,500, and Cassidy did not argue that the amount itself was unreasonable.
Key Takeaways
- A North Dakota presiding judge may initiate a vexatious-litigant designation without a party filing a separate motion.
- Rule 58 requires notice and an opportunity to respond, but leaves the decision whether to hold a hearing to the presiding judge’s discretion.
- When a litigant is designated vexatious, Rule 58 mandates an award of reasonable attorney’s fees and costs associated with responding to that litigant and obtaining the pre-filing order.
Why It Matters
The decision confirms that North Dakota courts may impose pre-filing restrictions through Rule 58’s court-initiated process when the litigant receives the prescribed notice and opportunity to submit a written response. An evidentiary or oral hearing is not automatically required.
It also clarifies that attorney’s fees are a required component of a Rule 58 pre-filing order. A litigant opposing such an award must distinguish objections to the court’s authority to award fees from challenges to the reasonableness of the amount imposed.