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In Pro Per
Rule 11 - Playing Fair

 

 

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Making the Other Guy Play Fair

Rule 11 is about making everyone keep their cards on the table. It makes it clear that no one is allowed to bring frivolous lawsuits, or harass someone using the legal system, nor cause unnecessary delays with lawsuits.

Fraud victims being their own attorney have to deal with the trauma of what happened to them in addition to being forced in to an adversary arena of the civil courts. Rule 11 is what you use to keep the opposition playing fair.

 

 

Part A

PART A - The Signature Required Part

The Signature Required Part means that the pleader's lawyer has to sign the pleadings (complaints as well as answers). That means, you must sign and date every document you file with the court.

 

 

Part B

PART B - What Signing Means

By signing the pleading you are stating that to the best of my abilities:

1. The pleading isn't being made for an improper purpose (ex: to harass, to cause unnecessary delays).

2. Claims and defenses are warranted by existing law, or, a non-frivolous argument exists for changing an existing law.

3. The allegations or denials have evidentiary support. Okay, so there you are, feeling that rush of lawyer power... pen in hand you sign that shaky-grounded pleading... and you drop it off at the clerk's window... it's been filed... but the court isn't as dumb as you thought, and they call your bluff... is it over?

You tried to put one over on the court and they know it... now what happens? They'll Part C ya!

 

 

Part C

PART C - What the Court Can Do to Misconduct

The most common sanction is that the court will impose fees to the other side.

But, don't worry, apparently fellow lawyers make the rules so they look out for each other and in the case of a naughty pleading, Part C allows an escape hatch. You get what is called a Safe Harbor.

What's a Safe Harbor got to do with this you ask? What have Newport boating rights got to do with this?

Safe Harbor is a 21-day-grace period, which allows a party against whom a Rule 11(c) motion is made to withdraw or modify the challenged pleading and avoid any court sanctioned spankings.

 

WJFA nor anyone representing it interprets law or provides legal advice. All information on these pages were provided by victims of fraud denied justice and this section is only meant as an insight for other victims having to undo a crime in civil court.

 

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