To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
Mr. SMITH of Texas introduced the following bill; which was referred to the Committee on the Judiciary
July 21, 2011
Additional sponsors: Mr. CANSECO, Mr. GALLEGLY, Mr. CALVERT, and Mr. HERGER
July 21, 2011
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
(a) Sanctions Under Rule 11- Rule 11(c) of the Federal Rules of Civil Procedure is amended--
(1) in paragraph (1), by striking ‘may’ and inserting ‘shall’;
(2) in paragraph (2), by striking ‘Rule 5’ and all that follows through ‘motion.’ and inserting ‘Rule 5.’; and
(3) in paragraph (4), by striking ‘situated’ and all that follows through the end of the paragraph and inserting ‘situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court.’.
(b) Rule of Construction- Nothing in this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws., or under the Constitution.
Union Calendar No. 114
112th CONGRESS
1st Session
H. R. 966
[Report No. 112-174]
A BILL
To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
July 21, 2011
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
U.S. Congress - Text of H.R.966 as Reported in House Lawsuit Abuse Reduction Act of 2011
