Rule 11 Sanctions

Question 1

Applicability

Answer 1

Does not apply to discovery

Only applies to filings/papers, not oral statements, unless you continue to orally advocate for a position you know is no longer true.

Question 2

Reasons for a sanctions motion

Answer 2

(1) Failed to do a reasonable pre-filing inquiry
(2) Filing presented for an improper purpose (e.g. cause undue delay, increase cost, etc.).

(3) No legal support for a filing
- -no money sanctions here unless pro se defendant.

(4) No factual support for a filing

Question 3

Mechanism for imposing sanctions

Answer 3

Motion for sanctions:

• -Must be separate from any other motions
• -Must give opposing party 21 day notice of intent to file sanctions (so they can withdraw the offending document w/o sanctions)

Sua Sponte Sanctions:

• -Court must provide some notice, but not necessarily 21 days.
• -No monetary sanctions unless cause order was given prior to settlement/dismissal of case.