Rules

Question 1

Rule 11 (signing of pleadings/motions: representations to court; sanctions)

Answer 1

1. Pleadings must be signed by attorney
2. paper is not being presented/maintained for any improper purpose
3. claims/defenses are warranted by existing law or a non-frivolous argument for extension, modification, reversal of existing law
4. Allegations have factual support/likely to with discovery
5. Denials are warranted on the evidence/or reasonably based on lack of information

Question 2

Sanctions

Answer 2

Sanctions can be imposed against a lawyer, the law firm, or the party responsible for the violation. Sanctions can be initiated by motion of the opposing party

Question 3

Rule 11 (c)(4)

Answer 3

limited to 'what is suficient to deter' may include:
    Directive of a non-monetary nature
    Order to pay penalty into 
    court
    If initiated by motion and    
    necessary, order directing
    attorney's fees and other 
    expenses to the movant

Question 4

Rule 12 (b) (Motions)

Answer 4

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(6) failure to state a claim upon which relief can be granted; and

A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

Question 5

Rule 8

Answer 5

Affirmative defenses and special matter need to be claimed