Vermont § 1184 - Burden of proof

§ 1184. Burden of proof

• (a) If the court finds by a preponderance of the evidence that a party is engaging in
  abusive litigation and that any or all of the motions or actions pending before the
  court are abusive litigation, the litigation shall be dismissed, denied, stricken,
  or resolved by other disposition with prejudice. (b) After providing the parties an opportunity to be heard on any order or sanctions to
  be issued, the court may enter an order restricting abusive litigation that may include
  conditions deemed necessary and appropriate including: (1) awarding the other party reasonable attorney’s fees and costs of responding to the
  abusive litigation, including the cost of seeking the order restricting abusive litigation;
  and (2) identifying the party protected by the order and imposing prefiling restrictions upon
  the party found to have engaged in abusive litigation that pertains to any future
  litigation against the protected party or the protected party’s dependents. (c) If the court finds that the litigation does not constitute abusive litigation, the
  court shall enter written or oral findings and the litigation shall proceed. Nothing
  in this section or chapter shall be construed as limiting the court’s inherent authority
  to control the proceedings and litigants before it. (Added 2023, No. 48, § 1, eff. September 1, 2023.)