(a) Evidence. At the hearing upon such motion the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion.(b) Factors. In determining whether to require security or to impose sanctions, the court shall consider the following factors: (1) the frequency and number of claims pursued by the frivolous litigant with an adverse result;(2) whether there is a reasonable probability that the frivolous litigant will prevail on the claim, motion, or request;(3) whether the claim, motion, or request was made for purposes of harassment, delay, or vexatiousness, or otherwise in bad faith;(4) injury incurred by other litigants prevailing against the frivolous litigant and to the efficient administration of justice as a result of the claim, motion, or request in question;(5) effectiveness of prior sanctions in deterring the frivolous litigant from pursuing frivolous claims;(6) the likelihood that requiring security or imposing sanctions will ensure adequate safeguards and provide means to compensate the adverse party;(7) whether less severe sanctions will sufficiently protect the rights of other litigants, the public, or the courts. The court may consider any other factors relevant to the determination of whether to require security or impose sanctions.
(c) Findings. If the court determines that a party is a frivolous litigant and that security or sanctions are appropriate, it shall state on the record its reasons supporting that determination. An order requiring security shall only be entered with an express determination that there is no reasonable probability that the litigant will prevail on the claim. An order imposing preconditions on serving or filing new claims, motions, or requests shall only be entered with an express determination that no less severe sanction will sufficiently protect the rights of other litigants, the public, or the courts.(d) Ruling Not Deemed Determination of Issues. No determination or ruling made by the court upon the motion shall be, or be deemed to be, a determination of any issue in the action or proceeding or of the merits thereof.Added effective 9/1/1999.