How to Write a Motion to Waive the 21-Day Safe Harbor Provision
| Background: | You are preparing to file sanctions against your opponent |
| Problem: | The 21-day waiting period is harming you |
| Solution: | You ask the Court to waive the 21-day waiting period |
"Plaintiff's Motion for Leave to Forego the 21-Day Safe Harbor Provision"
I. Definitions
3. a consequence of punishment for violation of accepted norms of social conduct, which may be of two kinds: those that redress civil injuries (civil sanctions) and those that punish crimes (penal sanctions).
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but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.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.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 101 |  | ± Pending | TBD case | 2024 | Pro Se Filing | Defendant's Lies of Material Fact; Defendant's Bad Faith Refusal to Confer/Correct; |  |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 301 | | 2003 | Attorney Filing | Attorney's Fees; Unsupported Claims; | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
| ...more template versions are available... so, hit the like button to encourage TBD to add additional versions! | |||
V. Application
- Inherent Power: According to the appellate courts, trial courts (eg, your district court) have the "inherent power" to correct their own orders:
"A district court has the inherent power to reconsider and modify its interlocutory orders prior to the entry of judgment, whether they be oral, e.g., United States v. Green, 414 F.2d 1174, 1175 (D.C. Cir. 1969) (trial judge had authority to withdraw oral decision granting defendant’s motion to dismiss indictment), or written, e.g., United States v. Jerry, 487 F.2d 600, 604-05 (3d Cir. 1973) district court had authority to rescind written order improvidently permitting defendant to withdraw guilty plea); cf. United States v. Benz, 282 US 304, 306-07, 51 S.Ct. 113, 114, 75 L.Ed. 354 (1931) (stating general rule that judgments, decrees, and orders in civil or criminal cases may be modified by court within the term in which they were entered), and there is no provision in the rules or any statute that is inconsistent with this power.""
“A court can only decide an issue if it has the power to do so. The primary question in this appeal is whether a district court has the power to grant or deny sanctions (under the court’s inherent powers or 28 U.S.C. §1927) when it lacks subject-matter jurisdiction over the underlying case. We join our sister circuits in answering yes...”
- Standard for Review: USTXND established the standard for evaluating such a request. Simply speaking, the only burden that movants need to meet = supplying the nonmovant with a copy of the [forthcoming] motion for sanctions:
“This court does not question Giganti's conclusion that a party may waive the safe harbor provision. However, before such a waiver can occur, the party must first be served with the motion”
VI. Quick Commentary
- Act swiftly (ie, file this document as soon as you can)
- Download as many sample documents as you'd like
- learn about TBD's point system
- Also, feel free to use the templates (see Part IV - above) to help draft your 'Motion to Waive the 21-Day Safe Harbor Provision'
- Save the final version as a PDF file.
- File it in court (or at DOAH)
VII. Additional Resources
VIII. Bibliography
IX. Conclusion
With the use of the templates (as well as the samples above), you can more easily ask your court to relieve you from the [unnecesary] waiting period.
...POINTS & THINGS...
You can use this to expedite the processing of your sanctions motion [against your perpetrator].
As always - please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
