Gamesmanship
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. The Federal Rules are to be construed, administered and employed to secure the just, speedy and inexpensive determination of every action (Fed. R. Civ. P. 1), and courts can sanction abusive conduct under rules such as Fed. R. Civ. P. 11, 26(g) and 37.
What gamesmanship means
In short, gamesmanship is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where gamesmanship 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).
- Motion for Discovery Sanctions (Fed. R. Civ. P. 37(b)–(d)): a request for sanctions when a party fails to obey a discovery order or fails to attend its own deposition or respond to discovery.
How to research the term
Start with the primary source. For example, if gamesmanship appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read gamesmanship in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.
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.
- Bad faith: dishonest or improper purpose, such as intentionally misleading someone, acting with a motive to harass or delay, or knowingly refusing to meet an obligation.
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.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.