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14 Cards in this Set
- Front
- Back
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Rule 11(a) |
Signature: Everything must have a signature |
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Rule 11(b) |
Representations to the court. By presenting to the court a pleading, written motion, or other paper, attorney or unrepresented party certifies, to the best of their knowledge, information and belief formed after an inquiry reasonable under the circumstances |
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Rule 11(b)(1) |
The claim is not being presented for Improper purposes, such as: To harass the defendant, OR To cause unnecessary delay, OR To increase the cost of litigation. |
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Rule 11(b)(2) |
The claims, defenses, legal contentions are warranted by existing law, OR The claims, defenses, legal contentions are warranted by a non-frivolous argument to: extend the law modify the law reverse the law establish new law |
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Rule 11(b)(3) |
The factual contentions have evidentiary support, OR, Will have evidentiary support, if specifically identified, after reasonable opportunity for further investigation or discovery |
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Rule 11(b)(4) |
The denials of factual contentions are warranted based on evidence, OR are reasonably based on belief, OR are reasonably based on a lack of information. |
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Rule 11(c) |
Sanctions |
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Rule 11(c)(1)
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If, after notice and reasonable opportunity to respond, court determines 11(b) has been violated, court may impose an appropriate sanction on any attorney, law firm or party that violated rule or is responsible for the violation. Law firms held jointly responsible, absent exceptional circumstances, for partner, associate, or employee.
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Rule 11(c)(2)
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Motion for sanctions must be filed
separate from other motions; must specifically describe conduct violating Rule 11(b); must be served under Rule 5, but NOT to be filed/presented to court if challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected w/in 21 days after service or time set by court. Reasonable expenses to prevailing party including attorney's fees, incurred for the motion. |
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Rule 11(c)(3) |
On the Court's Initiative (Sua sponte) Court may order attorney or law firm or party to show cause why conduct specifically described in order has not violated Rule 11(b) |
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Rule 11(c)(4) |
Sanctions imposed under this rule must be limited to what suffices to deter repetition of bad or comparable conduct by others similarly situated. Sanctions may include non-monetary directives; an order to pay penalty to court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to movant of part or all reasonable attorney's fees and expenses directly resulting from violation |
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Rule 11(c)(5)
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Limitations on Monetary Sanctions.
Court must not impose monetary sanctions: A) against represented party for violating Rule 11(b)(2); OR B) on its own, unless court issued show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by the party that is to be sanctioned |
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Rule 11(c)(6) |
Requirements for an Order An order imposing a sanction must describe sanctioned conduct and explain basis for sanction. |
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Rule 11(d) |
Inapplicability to Discovery. Rule does not apply to motions, objections, discovery requests, responses under Rules 26-37. |
