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Sanction question

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menchari

Member
What is the name of your state (only U.S. law)? OH
I have a case for a family member where the other party and their client can be shown to have acted in bad faith. For filing a Motion for Sanctions do two seperate motions (one on the other party and one for the attorney) can a single motion to be filed to cover both.
 


tranquility

Senior Member
Two things. First, it would depend on the underlying facts. Second, are you planning on filing a motion(s) to the court for another party without being an attorney?
 

Paul84

Member
What is the name of your state (only U.S. law)? OH
I have a case for a family member where the other party and their client can be shown to have acted in bad faith. For filing a Motion for Sanctions do two seperate motions (one on the other party and one for the attorney) can a single motion to be filed to cover both.
Unless you are a party to the suit, or a lawyer representing a party, you may not file a motion nor do so on someone else's behalf.

If you are not an attorney but are a pro-se party to the suit, you may file a motion. If you are a pro-se party, check your court's local rules for the preferred format. Some courts allow motions in the format of a letter ("letter-motion"), and if the two "sanctionable" matters are related, I expect it makes sense to combine them into one motion or letter-motion.

Another thing to consider is that your asking for sanctions without good cause and good evidence can backfire on you. Not only might it piss off the judge, but the other side might claim legal fees for their lawyer's having to defend against a frivolous motion.
 

menchari

Member
Okay both the plaintiff and the attorney representing can be shown to use the typical incompetant affidavit deal aka "Midland Funding" and answering the defendants motion to dismiss or a demural with another round of affidavit and third party cumputer printout as an answer. This is done because they don't have the required documents and keep pulling the same garbage.
It can be shown they have tried this tactic with their cases being dismissed going back 4+ years. Same plaintiff and same attorney.
Don't have any records of what they claim ourselves and our records go back nearly 20 years.
 

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