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Unformatted text preview: is not jurisdictional. Rational: Rule 11s safe harbor clause has been litigated and has been called mandatory and an absolute pre-requisite, however it was never called jurisdictional. Also, because of this, the court analogize it with other rules, stating that if they defendant does not bring up the 21-day safe harbor provision as a defense, they are assumed to have consented to it. Since Rector did not bring up the provision in a reasonable time, he was assumed to have waived it, and was liable for the Rule 11 sanction. Holding: Rule 11 applies even if a court does not have jurisdiction and if the defendant does not bring up the safe harbor 21 days provision, then it is deemed waived. Synthesis: Dissent/Concurrences:...
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- Fall '11