Motion for Sanctions under Rule 11

When the motion for sanctions under rule 11 is used

Timing: any time a filing appears to violate Rule 11(b). Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• The motion must be made separately from any other motion and describe the specific conduct alleged to violate Rule 11(b) (Rule 11(c)(2)).
• It must not be filed if the challenged paper is withdrawn or appropriately corrected within 21 days after service of the motion (Rule 11(c)(2)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 11(c) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for sanctions under rule 11 in state court

This page covers the federal version. In state court, the motion for sanctions under rule 11 may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Sanctions: penalties a court may impose for violating rules or orders.

Related procedures

Similarly, these procedures often come up alongside it:

• Motions: Form and Requirements: the general rules every written motion must follow.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.