Sanctions

Question 1

Sanctions Basics

Answer 1

• Purpose is to deter a repeat of conduct
• If there is a violation, sanctions may be imposed against the party, lawyer, and/or the lawyer’s firm.
• A law firm is jointly responsible with its attorney who violates R.11
• The ct can also raise R.11 violations on its own motion (sue sponte)
• B/f imposing a sanction, regardless of who filed the motion, the ct must give the sanctioned party an opportunity to be heard

Question 2

Types of Sanctions

Answer 2

• Often, cts impose non-monetary sanctions
• Monetary sanctions, if imposed, are often paid to the ct, not the other party

Question 3

Safe Harbor Provision

Answer 3

• If other party violates R.11, the OP cannot immediately files a motion for sanctions
• Instead, she serves the motion on other parties but does not file with the ct yet
• The party in violation has a safe harbor of 21 days on which to fix the problem & avoid sanctions. If she does not do so, then the motion can be filed with the ct