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Source Contracts Clause Complete Constitutional Law List Showing the closest available flashcard practice.

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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 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a party's Rule 11 motion must be made separately and served 21 days before filing so the challenged paper may be withdrawn or corrected.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. 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.

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