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CIVIL PROCEDURE CLASS 15

CIVIL PROCEDURE CLASS 15. Professor Fischer Columbus School of Law The Catholic University of America Sept. 26, 2005. A Comparison of federal and state law on relation back - MA. How does the applicable Massachusetts law in Christopher v. Duffy differ, if at all, from FRCP 15 (c )?.

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CIVIL PROCEDURE CLASS 15

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  1. CIVIL PROCEDURE CLASS 15 Professor Fischer Columbus School of Law The Catholic University of America Sept. 26, 2005

  2. A Comparison of federal and state law on relation back - MA • How does the applicable Massachusetts law in Christopher v. Duffy differ, if at all, from FRCP 15 (c )?

  3. SUPPLEMENTAL PLEADINGS • When and why would a court permit service of a “supplemental” pleading? • What rule governs supplemental pleadings? • MUST a party serve a supplemental pleading?

  4. TIME LIMITS FOR RESPONDING TO AMENDED PLEADINGS • How long does a party have to respond to an amended pleading? • What is the governing FRCP?

  5. Rule 11 of the FRCP • Attorneys and parties are subject to certain PROFESSIONAL STANDARDS when filing PLEADINGS, MOTIONS and other LITIGATION DOCUMENTS as well as “LATER ADVOCATING” allegations in these documents in ORAL ARGUMENT • Does not apply to DISCOVERY (11(d)) • Failure to comply with Rule 11 MAY RESULT IN SANCTIONS against attorney, firm, party

  6. MAJOR REVISIONS TO RULE 11 • 1983 (very stringent: mandatory sanctions requiring lawyers to conduct adequate factual and legal investigation before bringing civil lawsuits) • 1993 (eased this stringency)

  7. SIGNATURE REQUIREMENTS • What signature requirements are laid down by Rule 11? • What provision of Rule 11 provides for these signature requirements?

  8. STANDARDS PLEADINGS MUST MEET: RULE 11(b) • What does signing or filing a document with the court or later arguing on behalf of that document CERTIFY?

  9. FRCP 11(b) certifications • FRCP 11(b)(1): [the document] is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

  10. FRCP 11(b) certifications • FRCP 11(b)(2): the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.

  11. FRCP 11(b) certifications • FRCP 11(b)(3): the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery

  12. FRCP 11(b) certifications • FRCP 11(b)(4): the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonable based on a lack of information or belief.

  13. NONCOMPLIANCE WITH 11(b) • What happens if a party or attorney violates any of the certification requirements in 11(b)?

  14. NON-COMPLIANCE WITH FRCP 11(b • FRCP Rule 11(c ) • Attorney, law firm and/or party may be SANCTIONED! • Sanctions are discretionary

  15. RULES FOR SANCTIONS MOTIONS • Separate motion 11(c)(1)(A) • SAFE HARBOR RULE • Sanctions motions must allege with specificity the alleged violations of Rule 11(b) • Winning party may be awarded costs of sanctions motion 11(c)(1)(A)

  16. COURT-INITIATED SANCTIONS • If the court believes that Rule 11(b) has been violated, what is the procedure? • Does the safe harbor apply to court-initiated sanctions? • PLEASE NOTE: court-initiated sanctions are relatively rare and reserved only for grievously offending conduct similar to contempt of court

  17. SANCTIONS • Policy of deterrence • Types of sanctions • Limits on monetary sanctions

  18. PROGRESS FEDERAL SAVINGS BANK v. NATWEST • What is the court’s reasoning on sanctions in this case?

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