RULE 11

Question 1

Explain Rule 11

Answer 1

• Applies to all pleadings and other documents, except discovery documents because they have their own special rules regarding sanctions.
• Requires the attorney to sign all these documents, when he signs, he is certifying to the court that he made a reasonable inquiry and that he is certifying certain things mentioned in rule 11(b).
  o Document is not for an improper purpose,
  o That your legal contentions are warranted (they are not frivolous and that the law supports wat you are saying there),
  o That your factual contentions have evidentiary support or will likely have evidentiary support,
  o That denials of factual contentions will also have evidentiary support, or likely to have after further investigation.

Question 2

What the main purpose of rule 11?

Answer 2

to avoid frivolous or baseless litigations.

Question 3

Sanctions under rule 11

Answer 3

• Sanctions for the violation of Rule 11 are discretionary. So if the other party violates Rule 11, you are not entitled to sanctions, its up to the court.
• The sanctions are not made to punish but to deter a person not to do that sort of things (file a frivolous complaint).

Question 4

Safe Harbor

Answer 4

A motion for sanction cannot be filed right away. If a party violates rule 11, you cannot file a motion for sanction. You must draft the sanction first and serve the other party and you must give the other party time to fix the problem in 21 days = this is called a safe harbor of 21 days. If problem was not fixed, then you can file the motion.