Also known as: vexare · bis vexari · vexatious
Written by attorneys · grounded in primary & secondary sources — see below
A Latin verb meaning to be harassed, vexed, or annoyed. In legal usage the term describes litigation or motions brought primarily to burden an opposing party rather than to obtain legitimate relief.
Veronica Villanueva filed three downward modification petitions in quick succession after brief dips in her billable hours, each time forcing her ex-spouse to miss work and incur defense costs. The court found no material change in circumstances and explicitly determined that the latest motion was brought to harass. Because the modification action was vexatious, the court assessed Veronica with her ex-spouse's reasonable attorney's fees and costs.
Viktor Voronin sued in a distant federal district after an accident in his home state, prompting the defendant to move for transfer. The court examined whether the chosen forum imposed unnecessary expense and delay on the defendant. Finding the filing vexatious, the court transferred the case to a more convenient venue.
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Vera Vu faced criminal charges brought by information rather than indictment and argued the procedure violated due process. The state defended the information as an efficient alternative to repeated grand jury proceedings. The court rejected the claim, holding that the prosecution was not vexatious merely because it bypassed the grand jury.
Virgil Volpe filed a federal action while an identical state proceeding was pending and sought to stay the state case. The opposing party argued the federal filing was an attempt to multiply litigation costs. The court denied the stay, concluding the parallel action was not vexatious given the distinct federal issues presented.
Valerie Voss, a photographer, repeatedly approached a public figure despite prior warnings and obtained photographs through intrusive means. The public figure sought an injunction limiting contact. The court granted narrow injunctive relief after finding the photographer's conduct constituted vexatious pursuit.
Vivian Varela sued a prosecutor for alleged misconduct during a criminal trial, claiming the charges were fabricated. The prosecutor moved to dismiss on immunity grounds. The court held that the action was not vexatious on its face and allowed limited discovery into whether immunity applied.
A court must assess attorney's fees and costs against the party seeking modification once it finds that the modification action is vexatious and constitutes harassment. The finding triggers a mandatory fee shift under the governing statute. The rule deters repetitive, meritless filings that burden the opposing party.
Supporting sources
No. The American Rule yields when a specific statute directs fee shifting. The modification statute creates an express exception that requires assessment of fees and costs once the court finds the action vexatious and harassing. Courts therefore shift fees rather than leave each party to bear its own expenses.
Supporting sources
Courts examine a pattern of serial filings, prior judicial warnings, the absence of material changes in circumstances, and the moving party's knowledge that the requests lack merit. When these factors show an intent to burden the opposing party rather than obtain legitimate relief, the action qualifies as vexatious and harassing.
Supporting sources
…interference in the Presidency: "The guard, furnished to this high officer, to protect him from being harassed by vexatious and unnecessary subpoenas, is to be looked for in the conduct of a court after those subpoenas have issued; not in any circumstance which is to precede their being issued." 25 F. Cas.,…