Document Type
Article
Publication Title
Hofstra Law Review
Publication Date
1986
Volume
14
First Page
499
Abstract
(Excerpt)
Rule 11 of the Federal Rules of Civil Procedure is designed to ensure the integrity of pleadings and other papers filed in federal district court. The rule was amended in 1983 in response to the widely held perception that its provisions, as originally promulgated, had proven ineffective in deterring strike suits, litigation abuses, and lawsuits used as instruments of delay and oppression. Amended Rule 11 introduces more stringent standards designed to make attorneys stop and think about their legal obligations before signing pleadings and motions. These obligations are reinforced by imposing mandatory sanctions upon violation of the standards. The drafters had a twofold purpose in amending Rule 11: (1) to deter dilatory or abusive behavior; and (2) to streamline litigation. In addition, the new Rule 11 is aimed at increasing a judge's willingness to hold attorneys accountable for their misconduct by encouraging courts to impose sanctions. Once a violation of Rule 11 has been found, sanctions are mandatory. Judges, however, have broad discretion in choosing the appropriate penalty and are explicitly authorized to award attorney's fees to the abused party.
Comments
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol14/iss3/2/