HB0074

Authorizes county clerks to reject or notate filings as frivolous through a district court procedure.

• Defines 'filing' as any document filed with a county clerk except conveyances and liens, and defines 'frivolous' as lacking an arguable basis in law or fact or being presented for an improper purpose including harassment. (W.S. 18-3-403(a))
• Allows county clerks to decline to file or hold in abeyance any filing they determine may be frivolous, then file a motion with district court for an order declaring the filing frivolous, with notice and hearing opportunity given to the person seeking to file. (W.S. 18-3-403(b)(i)-(ii))
• Permits district courts to order rejection of filings declared frivolous by county clerks, requiring clerks to refund any fees collected within ten days of the court's order. (W.S. 18-3-403(b)(iii))
• Prohibits county clerks from rejecting filings under this procedure if the clerk has already deposited fees or filed the document. (W.S. 18-3-403(b)(iv))
• Authorizes county clerks to review previously filed documents and seek district court orders declaring them frivolous, with notice and hearing opportunity provided to the person who submitted the filing. (W.S. 18-3-403(c)(i)-(ii))
• Allows county clerks to include a notation on filings that have been declared frivolous by district court order. (W.S. 18-3-403(c)(iii)-(iv))
• Establishes that any filing declared frivolous by district court has no legal effect. (W.S. 18-3-403(d))

Effective: July 1, 2025

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