NCJ Number
131152
Journal
Catholic University Law Review Volume: 36 Dated: (1987) Pages: 587-609
Date Published
1987
Length
23 pages
Annotation
Sanctions were developed in the 1980 amendments to Federal Rule of Civil Procedure 11 that sought to achieve reforms in litigation, particularly in response to abuse of discovery and the cost of litigation. These authors maintain that the courts' approach to the interpretation of these amendments will provide useful correctives to the litigation problems while avoiding negative side effects including infringement of the role of the advocate and his relations with both court and client.
Abstract
While misapplied sanctions still carry the risk of undesirable chilling effects, the sanction rules provide opportunities to articulate and enforce standards of litigation conduct that encourage zealous advocacy within the limits of the attorney's obligations as a court officer. Sanctions may be applicable in cases ranging from frivolous claims to motions made for improper purposes to cases in which the manner of litigation is questioned. Court cases that have defined the boundaries of the sanctions rule are described. 135 notes