Massachusetts S 3158: An Act controlling and abusive litigation

Bill Text

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3158 
 
The Commonwealth of Massachusetts 
_______________
 
In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
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SENATE, July 13, 2026. 
 The committee on The Judiciary to whom was referred the petition (accompanied by bill, 
Senate, No. 1205) of Michael O. Moore, Joanne M. Comerford, Jacob R. Oliveira, Joan B. 
Lovely and other members of the Senate for legislation relative to controlling and abusive 
litigation, report the accompanying bill (Senate, No. 3158). 
 
For the committee, 
 Lydia Edwards 
 

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        FILED ON: 6/29/2026 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3158 
 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
_______________
 
 
An Act controlling and abusive litigation. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. The General Laws are hereby amended by inserting after chapter 209D the 
2following chapter:- 
3 Chapter 209E. 
4 CONTROLLING AND ABUSIVE LITIGATION PREVENTION 
5 Section 1. As used in this chapter, the following words shall, unless the context clearly 
6requires otherwise, have the following meanings: 
7 “Abuse”, as defined in section 1 of chapter 209A. 
8 "Controlling and abusive litigation", litigation where the following apply: 
9 (a)(i) The opposing parties have a current or former family or household member 
10relationship; 

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11 (ii) The party who is filing, initiating, advancing or continuing the litigation has been 
12found by a court to have committed abuse against the other party pursuant to an order entered 
13under chapters 208, 209, 209A, 209C or 258E; and 
14 (iii) The litigation is being initiated, advanced or continued soley for the purpose of 
15abusing, harassing, intimidating, threatening or maintaining contact with the other party; and 
16 (b) At least 1 of the following factors apply: 
17 (i) Claims, allegations or other legal contentions made in the litigation are not warranted 
18by existing law; 
19 (ii) Allegations and other factual contentions made in the litigation are without the 
20existence of evidentiary support; or 
21 (iii) An issue or issues that are the basis of the litigation have previously been filed in 1 or 
22more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably 
23to the party filing, initiating, advancing or continuing the litigation. 
24 "Family or household members", as defined section 1 of chapter 209A 
25 “Harassment”, as defined in section 1 of chapter 258E. 
26 "Litigation", any kind of legal action or proceeding including, but not limited to: 
27 (i) filing a summons, complaint, demand or petition; 
28 (ii) serving a summons, complaint, demand or petition, regardless of whether it has been 
29filed; 

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30 (iii) filing a motion, notice of court date, note for motion docket or order to appear; 
31 (iv) serving a motion, notice of court date or order to appear, regardless of whether it has 
32been filed or scheduled; 
33 (v) filing a subpoena, subpoena duces tecum, request for interrogatories, request for 
34production, notice of deposition or other discovery request; or 
35 (vi) serving a subpoena, subpoena duces tecum, request for interrogatories, request for 
36production, notice of deposition or other discovery request. 
37 "Perpetrator of controlling and abusive litigation", a person who files, initiates, advances 
38or continues litigation in violation of an order restricting controlling and abusive litigation. 
39 Section 2. (a) A party may request declaratory relief from the court that a perpetrator of 
40controlling and abusive litigation is a vexatious litigant. The request may be made in any form, 
41including, but not limited to: 
42 (1) in any answer or response to the litigation being filed, initiated, advanced or 
43continued; 
44 (2) by motion made at any time during any open or ongoing case; 
45 (3) in an answer or response to any motion or request for an orde 
46 (b) The chief justice of the trial court shall create forms for the motion for order 
47restricting controlling and abusive litigation and order restricting controlling and abusive 
48litigation. 

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49 (c) The provisions of this section are nonexclusive and shall not affect any other remedy 
50available. 
51 Section 3. (a) If the court finds by a preponderance of evidence that a party is engaging in 
52controlling and abusive litigation and that any or all of the motions or actions pending before the 
53court are controlling and abusive litigation, the litigation shall be dismissed, denied, stricken or 
54resolved by other disposition. 
55 (b) In addition to dismissal or denial of any pending controlling and abusive litigation 
56within the jurisdiction of the court, the court shall enter an order restrict