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Should I file Federal Rule 11 sanctions against opposing side for bad behavior, obstruction, false statements,etc..

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zenoMorph

Member
What is the name of your state? Utah(Federal)


I have proof opposing side has lied on many of the written motions to the court.


Should I file Federal Rule 11 sanctions against opposing side for playing games and obstruction of discovery as well as the false statement.
Would I be able to provide exhibits and proof long with the motion?

I have been acting on good faith and these clowns are playing games to drive up expensive and delay, delay, delay.

Thanks.
 


What is the name of your state? Utah(Federal)


I have proof opposing side has lied on many of the written motions to the court.


Should I file Federal Rule 11 sanctions against opposing side for playing games and obstruction of discovery as well as the false statement.
Would I be able to provide exhibits and proof long with the motion?

I have been acting on good faith and these clowns are playing games to drive up expensive and delay, delay, delay.

Thanks.
What does your attorney say?
 

quincy

Senior Member
What is the name of your state? Utah(Federal)


I have proof opposing side has lied on many of the written motions to the court.


Should I file Federal Rule 11 sanctions against opposing side for playing games and obstruction of discovery as well as the false statement.
Would I be able to provide exhibits and proof long with the motion?

I have been acting on good faith and these clowns are playing games to drive up expensive and delay, delay, delay.

Thanks.
Here is a link to Rule 11:

Rule 11 does not apply to disclosures and discovery requests, responses, objections, and motions under Rule 26-37.

I recommend you discuss this with your attorney.
 

Taxing Matters

Overtaxed Member
I have proof opposing side has lied on many of the written motions to the court.
You can prove the opposing side knew what was said was untrue, or simply that it was untrue? There is a big difference there. Rule 11 specifies that pleadings and motions are signed with the effect that the attorney or party certifies certain things "to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances". So if the opposing party/attorney believe it to be true it is not a Rule 11 violation even if you can prove it to be untrue.

Should I file Federal Rule 11 sanctions against opposing side for playing games and obstruction of discovery as well as the false statement.
Rule 11, as quincy points out, doesn't cover discovery. Also, the rule doesn't ban "playing games" so long as the party is not doing it solely to delay, harass, or run up the costs of the other side.

Would I be able to provide exhibits and proof long with the motion?
You'd state the facts upon which you rely in your motion. If the court needs to see evidence to support the motion, it will schedule a hearing, and you'd present your evidence at the hearing.

I have been acting on good faith and these clowns are playing games to drive up expensive and delay, delay, delay.
Unfortunately that is not all that unusual in litigation and the system tolerates a certain amount of it.
 

quincy

Senior Member
It is not an uncommon strategy for an opposing party to bury the other party in discovery requests and motions. This can raise the cost of litigation to the point where an otherwise reluctant party will agree to settle the matter rather than continue to trial.
 

Taxing Matters

Overtaxed Member
Although mostly true, there are a couple of (uncommon) exceptions (e.g., parental kidnapping, state law constitutional issues).
I think you meant federal constitutional law issues, and the more common way that's going to come up in a divorce case will be by appeal from the state courts to the U.S. Supreme. The circumstances in which an original complaint in federal district court would be the route taken are less common.
 

quincy

Senior Member
I think you meant federal constitutional law issues, and the more common way that's going to come up in a divorce case will be by appeal from the state courts to the U.S. Supreme. The circumstances in which an original complaint in federal district court would be the route taken are less common.
State law that has federal constitutional law issues. My previous wording was not great. :)
 

zenoMorph

Member
What does your attorney say?
That its an option on the table to consider and I'm justified considering the way they have acted during this process. .

My question to you is it the nuclear option? Does this kill any settlement talks. Does it become all out war after something like this?
 

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