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WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal.

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Presentation on theme: "WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal."— Presentation transcript:

1 WHERE WE ARE Complaint Answer 12(b) Motions Amended Pleadings Pre-Trial Trial & Post-Trial Appeal

2 PLEADING The Complaint Complaint Task 1: The Law Elements? Explicit v. Implicit Rule 11: How much research? Task 2: The Facts Include? How specific? Rule 11: How much investigation? Task 3: The Format Details, details, details

3 TAKEAWAYS What behavior violates Rule 11? Improper purpose The sleazebag No law The bad lawyer The lazy lawyer Perhaps also the leading edge lawyer? No facts The bad lawyer The lazy lawyer The sleazebag The well-founded hunch? Standard: “objectively unreasonable”

4 TAKEAWAYS How is Rule 11 enforced? “Safe harbor” motion (unfiled for 21 days) Motion filed (or court initiates) Notice & opportunity to respond

5 TAKEAWAYS Appropriate sanctions for Rule 11 violations? Options Dismissal (claims, action) Money Paid by Lawyer Paid by Party Except for legal contentions, if represented Costs Expenses of motion, including atty’s fees Standard “sufficient to deter repetition” “least severe that will adequately deter”?

6 TAKEAWAYS Scope of appellate review Error of law Did d.ct. apply correct legal standard? Abuse of discretion Did d.ct. appropriately exercise discretion?

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