Pleadings Rule 11 Exercise. Rule 11 Exercise P, M, or OP Reasonable Investig’n ? Improper Purpose Type Alleg Denial Arg Do It Violates Rule 11 No Yes.

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Presentation transcript:

Pleadings Rule 11 Exercise

Rule 11 Exercise

P, M, or OP Reasonable Investig’n ? Improper Purpose Type Alleg Denial Arg Do It Violates Rule 11 No Yes No Yes No

Evidentiary Support? Likely to Get ES? Based On Client’s P K? Factual Allegation Violates Rule 11 No Yes No Yes No Plead But Identify OK to Plead Plead on I & B Yes

Contrary Evidence ? RTB P Has No Evid ? RTB Jury Will Disbelieve P Evid Denial May NSI No Yes No Yes No OK to Deny Yes Lack Info May Not Deny Yes No

Supported By Existing Law ? Legal Contention Yes No Violates Rule 11 OK to Plead No Supported By Non-Frivolous Argument for E, M or C ? Yes

OpCo Fixes w/in 21 days ? OpCo’s Pleading Throw Motion In Trash Yes No File Motion W/ Court Prep Motion For Sanctions Serve Motion On OpCo Call OpCo Safe Harbor

Counsel Convinces Ct of Compliance Pleading No Sanctions Yes No Sanctions Court Issues OSC NO 21 DAY SAFE HARBOR