Sanctions may be sought under Rule 11 for improper filings, Rule 37 for discovery violations, and the court's inherent authority for bad faith conduct. Available sanctions range from fees to dismissal or default.
Rule 11 requires a twenty-one day safe harbor.
Alternative Names:
Sanctions Motion, Motion for Rule 11 Sanctions
Why it Matters?
The safe harbor is jurisdictional in effect, since serving the motion and waiting twenty-one days before filing is required and courts deny motions filed without it regardless of merit. The provision also serves its purpose, as the challenged filing is frequently withdrawn during the period. Sanctions motions also carry reputational cost and are best reserved for conduct that genuinely warrants them.
Frequently Confused with
Related terms
Frequently asked questions
What is the Rule 11 safe harbor?
When are sanctions motions appropriate?
