F.R.C.P. Rule 11 Motion for Sanctions explained

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WHAT ARE SANCTIONS UNDER F.R.C.P. RULE 11?

RULE 11 of the Federal Rules of Civil Procedure governs sanctions. Rule 11(b) states that by presenting to the court (whether by signing, filing, submitting, or advocating) a pleading, written motion, or other paper, an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief formed after an inquiry reasonable under the circumstances:

[1] it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

[2] the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

[3] the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery;

and

[4] the denials of factual contentions are warranted on the basis of existing law or on a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.

If an attorney violates RULE 11(b), sanctions may be imposed. Sanctions may include: [1] an order to pay damages; [2] an order directing payment to be made to the court; [3] referral to state bar disciplinary authorities; [4] suspension from practice before the court; and/or [5] any other action that is just under the circumstances. When deciding whether to impose sanctions and what type of sanctions to impose, courts must consider all facts and circumstances surrounding the violation. Some factors courts have considered include: [1] whether RULE 11(b) was violated willfully or negligently; [2] whether attorneys received adequate notice that their conduct might violate RULE 11(b); and/or [3] whether less severe sanctions would suffice.

Sanctions are serious business. If you are involved in federal litigation, make sure you understand RULE 11(b) and avoid violating it. Otherwise, you may end up having to pay damages, being suspended from practice before the court, and/or facing other serious consequences.

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