CivPro: 2A. Rule 11 & Service

Rule 11(a): What must every paper submitted to the court have?

Signature of at least one attorney (or the party if pro se), with contact info.

Rule 11(a): What must the court do with an unsigned paper?

Court must strike it unless promptly corrected.

Rule 11(b): What standard of inquiry applies?

A reasonable inquiry under the circumstances.

Rule 11(b): What are the four certifications made when signing a paper to the court?

(1) No improper purpose; (2) legal contentions warranted by law; (3) factual contentions have (or will likely have) evidentiary support; (4) denials warranted on the evidence or reasonably based on belief or lack of info.

Rule 11(b): How many certifications must fail for a violation?

Any one.

Rule 11(c): Who can be sanctioned?

Attorney, law firm, or party. The firm is jointly responsible.

Rule 11(c)(2): How must a sanctions motion be made, and what must they contain?

Separately from other motions, describing the specific conduct.

Rule 11(c)(2): What is the safe harbor?

Motion is served (Rule 5) but NOT filed if the paper is withdrawn or corrected within 21 days.

Rule 11(c)(3): Can the court act on its own?

Yes, by ordering a party to show cause.

Rule 11(c)(4): What is the general limiting factor for the monetary amount of sanctions?

Deterrence.

Rule 11(c)(5): Two specific limits on monetary sanctions?

(1) None against a represented party for an 11(b)(2) violation (legal contentions); (2) none on the court's own unless it issued the show-cause order

Does Rule 11 apply to discovery?

No. Discovery has its own sanctions.

Rule 4(a): What must a summons contain?

Court and parties, directed to ∆, π's attorney info, time to appear, default warning, clerk's signature, court seal.

Rule 4(b): How is a summons issued?

After filing, π presents the summons to the clerk, then π serves ∆.

Rule 4(c): What must be served with the summons?

A copy of the complaint.

Rule 4(c): Who can serve?

Any nonparty 18 or older, or a marshal or court appointed person if requested.

Rule 4(d): How does π request ∆ waive service, and what must be included?

In writing, with a copy of the complaint and two copies of the waiver.

Rule 4(d): How long does ∆ have to return the request for waiver of service?

At least 30 days.

Rule 4(d): What if ∆ refuses to waive without good cause?

∆ pays the expenses of service plus fees for any motion to collect them.

Rule 4(d): When is the answer due after ∆ returns a signed waiver?

60 days after the request was sent.

Rule 4(e): How can an individual be served?

Per state law, personal delivery, leaving it at ∆'s dwelling with a resident of suitable age and discretion, or delivery to an authorized agent.

Rule 4(f): General principle for service to ∆ outside the U.S.?

The U.S. does not have authority over other countries.

Rule 4(m): Deadline to serve?

90 days after the complaint is filed.

Rule 4(m): What if π misses the deadline to serve ∆?

Court must dismiss without prejudice.

Rule 4(m): What happens to the deadline if π shows good cause for failure to serve?

Court must extend the time.

Rule 5(b): Who is served if the party is represented?

The attorney.

Rule 5(b): Authorized methods of service?

Hand it over; leave at office with a clerk; leave at dwelling with a suitable resident; mail to last known address; leave with court clerk if no known address; electronic if consented.

Rule 6(a)(1): How do you count a period in days?

Exclude the trigger day; count every day (incl. weekends and holidays); include the last day, but roll to the next business day if you land on a weekend or holiday.

Rule 6(a)(4): When does the last day end?

Midnight in the court's time zone for e-filing; when the clerk's office closes for other filing.

Rule 6(a)(6): What are legal holidays?

Federal holidays, days the President declares, and state holidays where the court sits.

Rule 6(d): When do you add 3 days to the calculation?

Service by mail, leaving with the clerk, or defendant consented means. NOT electronic