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Source Motions During and After Trial Complete Civil Procedure List Matched to this deck.

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0 tracked cards Civil Procedure

A defendant believed a complaint contained baseless factual allegations. The defendant filed a Rule 11 sanctions motion with the court the same day it served the motion on the plaintiff. The motion was combined with a motion to dismiss and also sought sanctions for an allegedly overbroad interrogatory.
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The sanctions motion is proper because a Rule 11 motion may be filed before it is served. Rule 11 applies to discovery requests and responses in the same way it applies to complaints. The sanctions motion is improper because a party's Rule 11 motion must be made separately and served 21 days before filing so the challenged paper may be withdrawn or corrected. Rule 11 requires sanctions whenever a claim ultimately loses on the merits.

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