LAW 110 Chapter Notes - Chapter Rule 11 Explanation: Mattel
Document Summary
Rule 11 sanctions are reserved for cases where the claim represented to the court is patently unmeritorious (bridges). For purposes of rule 11, these representations must be signed (saying they did a reasonable inquiry) and are limited to pleadings, written motions, and other signed papers. Depositions, discovery meetings, and oral representations do not fall under fr 11 (mattell). This is an objective standard of reasonableness that applies to defenses as well as claims (wright v wilson). (2) claims and other legal contentions are not warranted by existing law. Sanctions are applicable here where a reasonable investigation would reveal no factual foundation for the claim (mattell). Fr 11(c)(1) sets out that sanctions can be imposed upon any attorney, law firm (for acts of partners, associates, or employees), or represented party who violated the rule. Fr 11(c)(2) requires that before a party files a motion with the court for rule.
