(1) If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant: In the answer to the civil action; or
(2) By motion made at any time during the civil action.
(3) The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action.