Developing Standards for the Imposition of Sanctions Under Rule 11 of the Federal Rules of Civil Procedure

This article will argue that the standard for imposing sanctions under Rule 11 should focus on the nature of the conduct alleged to violate the rule. Sanctions under the rule can be triggered by different types of conduct. Certain types of conduct should be scrutinized more closely, requiring the imposition of sanctions more frequently. Factors such as whether a party subject to Rule 11 sanctions is acting pro se or through counsel should also impact on a decision to assess sanctions under Rule 11. Each type of conduct should be evaluated under an independent set of standards. Part I will discuss the 1983 amendments to Rule 11 and how they have changed the rule. Part II divides the Rule into five categories with each category representing a form of conduct that can trigger sanctions under Rule 11. Part III develops the standards upon which Rule 11 motions should be evaluated in each category