Federal Jurisdiction & Procedure.docx

I when made before filing responsive pleading and

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i. When made – before filing responsive pleading and must point out (1) defects in the objectionable pleading and (2) details desired. ii. If court orders more definite statement – must obey within 14 days of notice of court’s order , or strike vague or ambiguous pleading. b. Motion to strike – Rule 12(f) : court sua sponte can strike from a pleading any insufficient defense or immaterial matter ; can grant party’s motion to strike before responding to pleading at issue or within 21 days after being served with pleading when no response allowed. c. Court denies/postpones disposition of Rule 12 motion until trial – responsive pleading must be served w/in 14 days after notice of court’s action . 10. Motion for attorney or party unreasonableness – Rule 11 a. Signature of attorney for all pleadings, motions, papers – every pleading, motion, paper of repped party must be signed by at least 1 attorney of record; failure – paper will be stricken if not corrected upon CoC notification. i. Pro se litigant – must sign own papers. b. Representations implied by signature – signature certifies “ that to the best of the person’s knowledge , information and belief , formed after reasonable inquiry under the circs , ”: i. Papers filed is not for improper purposes such as harassment; ii. Claims and defenses in the relevant paper are warranted by existing law or by nonfrivolous argument for its extension, modification, or reversal; iii. Any allegations have evidentiary support or likely have it after reasonable opportunity for further investigation or discovery, and iv. Denial of allegations warranted on the evidence. c. Sanctions for R11 violations – not mandatory sanctions i. Sanction initiation procedure : by court or by party upon motion requesting sanction under R11 (file separately from other motions). 1. If by court sua sponte – must give notice to atty of specific conduct that is subject of sanction ii. Safe harbor provision – culprit has 21 days after service of the motion to withdraw Rule 11 challenged paper before motion for Rule 11 sanction can be filed in court. iii. Typical sanctions – order party to pay other party’s reasonable expenses incurred for filing sanctioned paper; admonition, reprimand, or censure, suspension, dismissal, etc. 1. Joint responsibility – signing attorney and his firm. 2. SMJ – if later determined that trial court has no SMJ over lawsuit still uphold the sanctions. iv. Grounds for sanctions 1. Attorney conduct – signing paper for improper purposes, asserting claims or defenses unwarranted by law, or making allegations without adequate evidentiary support. 2. Party conduct – signs affidavit accompanying paper while giving attorney facts which, with reasonable diligence, party knew/should have known were false. 3. Other bases – fed courts have inherent power to sanction BF litigant or counsel behavior beyond R11.
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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