How-To: Write a Motion for Sanctions
Background: | Your civil opponent's misconduct has defiled the legal proceedings |
Problem: | Your civil opponent has refused to atone for his/her/its misconduct |
Solution: | You ask the Court to penalize your civil opponent |
I. Definitions
II. Legal Citations
(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney’s fees, incurred for the motion.
(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney’s fees and other expenses directly resulting from the violation.
III. Samples
# | Comments | ₧ | |
---|---|---|---|
001 | ![]() | ± Pending | TBD case. Pro Se Filing. USFLMD. Defendant's lies, fraud & bad faith. | ![]() |
002 | ![]() | ± Denied (Technicality) | TBD case. Pro Se Filing. USFLMD. Defendant's lies, fraud & bad faith. | ![]() |
003 | ![]() | USFLMD | 2021 | Attorney Filing | ADA Case | Discovery | Sought defense prohibition + default | ![]() |
IV. Templates
# | Link | Comments | ₧ |
---|---|---|---|
1 | ![]() | USFLMD Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). | ![]() |
V. Application
- Standard of Review: Nasco Factors (Chambers v. NASCO, Inc., 501 U.S. 32, 46 (1991))
- bad faith
- Purpose: To preserve the sanctity of the judicial system
"The goal of Rule 11 sanctions is to ‘reduce frivolous claims, defenses, or motions, and to deter costly meritless maneuver"
"Rule 11 sanctions are designed to discourage dilatory or abusive tactics and help to streamline the litigation process by lessening frivolous claims or defenses."
- Basis: Frivolous, Bogus, Dilatory
"Rule 11 sanctions are warranted when a party files a pleading that (1) has no reasonable factual basis; (2) is based on a legal theory that has no reasonable chance of success and that cannot be advanced as a reasonable argument to change existing law; and (3) is filed in bad faith for an improper purpose."
- Procedure ("Safe Harbor"): Prior to filing your motion [in court], you must send it to your opponent. Importantly, you must do this at least twenty-one (21) days before you file.
"Finally, counsel for Defendant City is not unaware of the amendment of Rule 11 effective December 1, 1993, particularly insofar as paragraph (c)(1)(A) now sets forth a procedure for service of a motion upon the offending counsel prior to filing with the Court, and the twenty-one (21) day "safe harbor" provision that is also now in Rule 11. Further, the Defendant City has not served such a motion upon Plaintiff's counsel in this case. ...Notwithstanding this admission, Springfield insists that complying with the "safe harbor" provision would have been a "vain act," for Ridder's counsel "clearly evidenced a willingness to persist in meritless claims."... Rule 11 cases emerging in the wake of the 1993 amendments have found the "safe harbor" provision to be an absolute requirement. See Elliott v. Tilton, 64 F.3d 213, 216 (5th Cir. 1995) (recognizing that the plain language of the rule indicates that the "safe harbor" provision is mandatory); Hadges v. Yonkers Racing Corp., 48 F.3d 1320, 1328 (2d Cir. 1995) (reversing sanctions award in part because no evidence indicated compliance with "safe harbor" period that current version of Rule 11 specifically mandates); Thomas v. Treasury Management Ass'n, 158 F.R.D. 364, 369 (D. Md. 1994) (finding that failure to comply with "safe harbor" absolute prerequisite precludes sanctions); United Food and Commercial Workers Union Local No. 576 v. Four B Corp., 893 F. Supp. 980, 987 (D. Kan. 1995) (stating that Rule 11 "prohibits" the filing of a motion until twenty-one days after the "safe harbor" service), aff'd, 83 F.3d 433 (10th Cir. 1996). We agree that the rule is unquestionably explicit with respect to this issue. The plain language of Rule 11 specifies that unless a movant has complied with the twenty-one day "safe harbor" service, the motion for sanctions "shall not be filed with or presented to the court." Fed.R.Civ.P. 11(c)(1)(A). Springfield did not comply with the "safe harbor" procedural prerequisite; therefore, the City's Rule 11 motion should not have been presented to the court."
- Jurisdiction: The Court can still sanction your opponent even if your case has closed (ie, the Court no longer has jurisdiction over the claims).
"We granted certiorari to decide whether a federal district court may impose sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure in a case in which the district court is later determined to be without subject-matter jurisdiction... We conclude that in the circumstances presented here it may do so."
- Due Process: Non-Movants must be afforded due process
"Attorneys and clients facing possible discipline under Rule 11 have interests qualifying for protection under the Due Process Clause of the Fifth Amendment. Procedural due process requires notice and an opportunity to be heard before any governmental deprivation of a property interest."
- Hearings: Hearings Are Not Required
"Thus, although an effective opportunity to contest and explain does not always necessitate a separate, full-blown evidentiary hearing, there must be some reasonable opportunity to challenge the imposition of Rule 11 sanctions."
VI. Quick Commentary
- Bad News: Federal Courts cannot award attorney fees to pro se litigants (even if the pro se litigants are attorneys themselves)
"Because a party proceeding pro se cannot have incurred attorney's fees as an expense, a district court cannot order a violating party to pay a pro se litigant a reasonable attorney's fee as part of a sanction."
- Download as many sample documents as you'd like
- Contact TBD for more free samples
- Feel free to use the templates (see Part IV - above) to help draft your 'Motion for Sanctions'
- Save the final version as a PDF file.
- File the final version in court
VII. Additional Notes
- Discovery Sanctions: Florida's Handbook on Civil Discovery Practice
VIII. Bibliography
IX. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com