Bad faith

What bad faith means

Put simply, bad faith is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where bad faith comes up

For example, the term appears in these procedures:

• Motion for Sanctions under Rule 11 (Fed. R. Civ. P. 11(c)): a motion asking the court to sanction a party or attorney for a filing that violates Rule 11(b).

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses bad faith in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Sanctions: penalties a court may impose for violating rules or orders.
• Order to show cause: a court order directing a party or person to appear and explain why the court should not take a stated action, such as holding the person in contempt, imposing sanctions, granting an injunction or dismissing a case.
• Gamesmanship: not a defined legal term; courts use it to describe tactics that exploit procedure to gain an unfair advantage instead of resolving the dispute on the merits — for example, hiding evidence, filing to delay, or ambushing an opponent.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.