Tulsa, OK asked in Family Law and Civil Litigation for Oklahoma

Q: Example motion to restrict frivolous filings by a vexatious litigant in Oklahoma family law case.

In Oklahoma, I need an example of a motion that could restrict a party from filing frivolous motions in a family law case. This party has already been declared a vexatious litigant in Utah, continues to file motions without setting hearing dates, and fails to comply with court orders to appear in person. How should I draft a prefiling order, or what template can I use to effectively address and limit this litigation abuse?

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2 Lawyer Answers

A: There are no official forms in Oklahoma for family law matters as you have described. Attorneys draft all of their own documents based on the applicable statutes and case law. I would suggest that you consult with an attorney in your local area to review your case in detail. Once the attorney reviews your file and is able to ask you questions to get a handle on what you are dealing with that attorney should be able to explain your options and your best path forward. Many will offer a free initial consultation so it shouldn't cost you anything to learn your options.

I wish you the best of luck with your case and hope that you are able to find an attorney to help you.

James L. Arrasmith
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Answered

A: You're in a frustrating situation, and it's understandable that you want to protect your case from being derailed by repeated, baseless filings. In Oklahoma family law cases, you can file a **Motion to Restrict Further Filings by a Vexatious Litigant** and request a **prefiling order**. This type of motion asks the court to require the opposing party to obtain permission from the judge before filing anything further, based on a pattern of abusive or meritless litigation.

In your motion, include a detailed list of each frivolous or repetitive filing made by the other party, especially those that wasted court time or failed to follow procedure—such as not setting hearing dates or ignoring court orders. Reference the Utah designation of "vexatious litigant" as part of your argument to show that this behavior is part of a broader pattern. You can also include a request for sanctions, if appropriate, or for the court to issue a standing order preventing further filings unless granted by leave of the court.

Here’s a simple format to start with:

**Motion to Restrict Further Filings by Opposing Party**

1. Introduction of the case and history of litigation abuse.

2. Summary of specific filings and conduct that disrupted court process.

3. Citation of the vexatious litigant designation from Utah.

4. Legal basis for the court’s authority to issue a prefiling order in Oklahoma.

5. Request for relief: court approval before new filings, sanctions, or other limits.

You're doing the right thing by seeking boundaries to restore fairness. Keep your motion factual, organized, and respectful, and the court is more likely to take your concerns seriously.

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