Providing for consideration of the bill (H.R. 4571) to amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

3.0.0 4571 2023-01-15T04:49:13Z 2023-01-15T04:49:13Z House H HR 2004-06-15 108 ssju00 Judiciary Committee Senate Standing Referred to 2004-09-15T16:56:58Z hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Discharged from 2004-09-03T20:19:07Z Referred to 2004-06-28T17:25:27Z Reported by 2004-09-13T22:13:33Z Markup by 2004-09-08T20:21:06Z Referred to 2004-06-15T12:31:15Z H. Rept. 108-682 Providing for consideration of the bill (H.R. 4571) to amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes. 108 766 HRES 2004-09-14 Motion to reconsider laid on the table Agreed to without objection. 12:20:44 Procedurally-related House 2004-09-15 ssju00 Judiciary Committee Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary. IntroReferral 2004-09-14 15:33:19 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2004-09-14 15:33:18 On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450). Floor H37100 2 House floor actions 450 https://clerk.house.gov/evs/2004/roll450.xml House 108 2004-09-14T19:33:18Z 2 2004-09-14 15:33:18 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450). Floor 8000 9 Library of Congress 450 https://clerk.house.gov/evs/2004/roll450.xml House 108 2004-09-14T19:33:18Z 2 2004-09-14 15:23:32 On motion to recommit with instructions Failed by recorded vote: 196 - 211 (Roll no. 449). (text: CR H7118) Floor H36110 2 House floor actions hsju00 Judiciary Committee 449 https://clerk.house.gov/evs/2004/roll449.xml House 108 2004-09-14T19:23:32Z 2 2004-09-14 15:05:17 The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7119) Floor H8A000 2 House floor actions 2004-09-14 14:56:15 DEBATE - The House proceeded with 10 minutes of debate on the DeLauro motion to recommit with instructions. The instructions contained in the motion seek to have the bill reported back to the House with an amendment that adds a new section stating that the provisions of the bill are not applicable to Benedict Arnold Corporations. Floor H8D000 2 House floor actions 2004-09-14 14:55:58 Ms. DeLauro moved to recommit with instructions to Judiciary. (consideration: CR H7118-7120; text: CR H7118) Floor H36100 2 House floor actions hsju00 Judiciary Committee 2004-09-14 13:53:22 DEBATE - Pursuant to the provisions of H. Res. 766, the House proceeded with 40 minutes of debate on the Turner (TX) amendment in the nature of a substitute. Floor H8D000 2 House floor actions 2004-09-14 12:45:34 DEBATE - The House proceeded with one hour of debate on H.R. 4571. Floor H8D000 2 House floor actions 2004-09-14 12:44:43 Rule provides for consideration of H.R. 4571 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Juciciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order. Floor H8D000 2 House floor actions 2004-09-14 12:44:38 Considered under the provisions of rule H. Res. 766. (consideration: CR H7098-7120; text of measure as reported in House: CR H7098-7099) Floor H30000 2 House floor actions 2004-09-14 12:20:43 Rule H. Res. 766 passed House. Floor H1L220 2 House floor actions 2004-09-13 20:31:31 Rules Committee Resolution H. Res. 766 Reported to House. Rule provides for consideration of H.R. 4571 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Juciciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order. Floor H1L210 2 House floor actions 2004-09-13 Placed on the Union Calendar, Calendar No. 421. Calendars H12410 2 House floor actions U00421 2004-09-13 Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2004-09-13 Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2004-09-08 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10. Committee 2004-09-08 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2004-09-03 hsju00 Judiciary Committee 1 House committee actions Subcommittee on Courts, the Internet, and Intellectual Property Discharged. Committee 2004-06-28 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, the Internet, and Intellectual Property. Committee 2004-06-15 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2004-06-15 Introduced in House IntroReferral Intro-H 9 Library of Congress 2004-06-15 Introduced in House IntroReferral 1000 9 Library of Congress S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 N S000244 Rep. Sensenbrenner, F. James, Jr. [R-WI-5] F. SENSENBRENNER R WI JAMES 5 2004-06-15 True F000445 Rep. Forbes, J. Randy [R-VA-4] J. Forbes R VA Randy 4 2004-06-15 True G000545 Rep. Green, Mark [R-WI-8] MARK GREEN R WI 8 2004-06-15 True G000021 Rep. Gallegly, Elton [R-CA-24] ELTON GALLEGLY R CA 24 2004-06-15 True C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2004-06-15 True G000548 Rep. Garrett, Scott [R-NJ-5] Scott Garrett R NJ 5 2004-06-15 True K000362 Rep. King, Steve [R-IA-5] Steve King R IA 5 2004-06-15 True D000217 Rep. DeLay, Tom [R-TX-22] TOM DELAY R TX 22 2004-06-15 True F000448 Rep. Franks, Trent [R-AZ-2] Trent Franks R AZ 2 2004-06-15 True C001048 Rep. Culberson, John Abney [R-TX-7] JOHN CULBERSON R TX ABNEY 7 2004-06-15 True K000361 Rep. Keller, Ric [R-FL-8] RIC KELLER R FL 8 2004-06-15 True C001051 Rep. Carter, John R. [R-TX-31] John Carter R TX R. 31 2004-06-15 True P000588 Rep. Pearce, Stevan [R-NM-2] Stevan Pearce R NM 2 2004-06-15 True C000059 Rep. Calvert, Ken [R-CA-44] KEN CALVERT R CA 44 2004-06-15 True G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2004-06-15 True N000159 Rep. Norwood, Charles W. [R-GA-9] CHARLES NORWOOD R GA W. 9 2004-06-16 False H000528 Rep. Herger, Wally [R-CA-2] WALLY HERGER R CA 2 2004-06-16 False F000447 Rep. Feeney, Tom [R-FL-24] Tom Feeney R FL 24 2004-06-17 False C000116 Rep. Cannon, Chris [R-UT-3] CHRIS CANNON R UT 3 2004-06-22 False B000755 Rep. Brady, Kevin [R-TX-8] KEVIN BRADY R TX 8 2004-06-25 False P000583 Rep. Paul, Ron [R-TX-14] RON PAUL R TX 14 2004-06-25 False N000182 Rep. Neugebauer, Randy [R-TX-19] Randy Neugebauer R TX 19 2004-07-07 False K000363 Rep. Kline, John [R-MN-2] John Kline R MN 2 2004-07-15 False M001144 Rep. Miller, Jeff [R-FL-1] Jeff Miller R FL 1 2004-07-20 False M001139 Rep. Miller, Gary G. [R-CA-42] GARY MILLER R CA 42 2004-09-08 False C001052 Rep. Chocola, Chris [R-IN-2] Chris Chocola R IN 2 2004-09-08 False B001243 Rep. Blackburn, Marsha [R-TN-7] Marsha Blackburn R TN 7 2004-09-08 False H000807 Rep. Hostettler, John N. [R-IN-8] JOHN HOSTETTLER R IN 8 2004-09-08 False M001134 Rep. Myrick, Sue Wilkins [R-NC-9] SUE MYRICK R NC WILKINS 9 2004-09-08 False S001144 Rep. Shays, Christopher [R-CT-4] CHRISTOPHER SHAYS R CT 4 2004-09-13 False B001235 Rep. Brown, Henry E., Jr. [R-SC-1] HENRY BROWN R SC E. 1 2004-09-13 False 2004-09-13T04:00:00Z H.R. 4571, Lawsuit Abuse Reduction Act of 2004 http://www.cbo.gov/publication/15969 <p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on September 8, 2004</p> 2004-09-13T04:00:00Z H.R. 4571, Lawsuit Abuse Reduction Act of 2004 https://www.cbo.gov/publication/15969 Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on September 8, 2004 Law Appellate procedure Civil actions and liability Civil procedure Commerce District courts Frivolous lawsuits Government Operations and Politics Injunctions Interstate commerce Jurisdiction Lawyers Legal ethics Legal fees Obstruction of justice Residence requirements State courts Torts Law

00 2004-06-15 Introduced in House 2004-07-20T18:47:38Z Lawsuit Abuse Reduction Act of 2004 - Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.

Makes Rule 11 applicable to state civil actions where the court determines, upon motion, that the action affects interstate commerce.

Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.

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17 2004-09-13 Reported to House with amendment(s) 2004-09-16T15:37:22Z Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.

(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce.

(Sec. 4) Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.

(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.

(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.

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36 2004-09-14 Passed House amended 2004-09-16T15:39:05Z (This measure has not been amended since it was reported to the House on September 13, 2004. The summary of that version is repeated here.)

Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.

(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce.

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Lawsuit Abuse Reduction Act of 2004 Display Title Lawsuit Abuse Reduction Act of 2004 Official Title as Introduced To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes. Introduced in House IH Short Titles as Introduced Lawsuit Abuse Reduction Act of 2004 Short Titles as Reported to House Lawsuit Abuse Reduction Act of 2004 H House Short Titles as Passed House Lawsuit Abuse Reduction Act of 2004 H House 750 108 HAMDT Amendment in the nature of a substitute sought to impose mandatory sanctions on frivolous pleadings; impose mandatory sanctions on discovery violations; require that court records may not be sealed unless the court first finds that such sealing is justified; provides that parties which destroy documents in connection with civil proceedings shall be punished with mandatory civil sanctions, held in contempt of court, and referred to the state bar for disciplinary proceedings; and provides for the application of the Civil Justice Reform Act to state courts. An amendment in the nature of a substitute to insert: Section 1. Sanctions for Frivolous Pleading--Imposes mandatory sanctions on frivolous pleadings (first violation--required payment of costs and attorneys fees; second violation--adds that the attorney is held in contempt and monetary fine; third violation--adds referral to state bar for disciplinary proceedings). Section 2. Sanctions for Frivolous Conduct During Discovery--Imposes mandatory sanctions on discovery violations (first violation--required payment of costs and attorneys fees; second violation--adds that the attorney is held in contempt and monetary fine; third violation--adds referral to state bar for disciplinary proceedings). Section 3. Ban on Frivolous Concealment of Unlawful Conduct--Limits the ability of corporate wrongdoers to conceal any conduct harmful to public welfare by requiring that court records may not be sealed unless the court first finds that such sealing is justified. Section 4. Enhanced Sanctions for Document Destruction--Provides that parties which destroy documents in connection with civil proceedings shall be punished with mandatory civil sanctions, held in contempt of court, and referred to state bar for disciplinary proceedings. Section 5. Expelled Disposition of Frivolous and other Lawsuits in State Courts--Imposes the Civil Justice Reform Act, which has proved suc.essful in federal courts, to the state courts in order to speed up the pretrial process and weed out junk lawsuits. 2021-09-30T00:04:13Z 2004-09-14 On agreeing to the Turner (TX) amendment (A002) Failed by the Yeas and Nays: 177 - 226 (Roll no. 448). 14:54:55 Roll no. 448 https://clerk.house.gov/evs/2004/roll448.xml T000424 Rep. Turner, Jim [D-TX-2] JIM TURNER D TX 2 2004-09-14T04:00:00Z House of Representatives 108 HR House H 4571 Lawsuit Abuse Reduction Act of 2004 2023-01-15T04:49:13Z 8 2004-09-14 14:54:55 On agreeing to the Turner (TX) amendment (A002) Failed by the Yeas and Nays: 177 - 226 (Roll no. 448). Floor H34111 2 House floor actions 448 House 108 2004-09-14T18:54:55Z 2 https://clerk.house.gov/evs/2004/roll448.xml 2004-09-14 13:53:11 Amendment (A002) in the nature of a substitute offered by Mr. Turner (TX). (consideration: CR H7111-7118; text: CR H7111-7113) Floor H3A100 2 House floor actions 2004-09-14 13:53:11 House amendment offered/reported by : Amendment (A002) in the nature of a substitute offered by Mr. Turner (TX).(consideration: CR H7111-7118; text: CR H7111-7113) NotUsed 71500 9 Library of Congress 2004-09-14 14:54:55 Amendment failed by House: On agreeing to the Turner (TX) amendment (A002) Failed by the Yeas and Nays: 177 - 226 (Roll no. 448). NotUsed 80000 9 Library of Congress 448 House 108 2004-09-14T18:54:55Z 2 https://clerk.house.gov/evs/2004/roll448.xml 2004-09-14 14:54:55 House amendment not agreed to: On agreeing to the Turner (TX) amendment (A002) Failed by the Yeas and Nays: 177 - 226 (Roll no. 448). Floor 73000 9 Library of Congress 448 House 108 2004-09-14T18:54:55Z 2 https://clerk.house.gov/evs/2004/roll448.xml 2004-09-14 14:54:55 Roll call votes on amendments in House Floor 75000 9 Library of Congress 448 House 108 2004-09-14T18:54:55Z 2 https://clerk.house.gov/evs/2004/roll448.xml 2004-09-14 House amendment offered Floor 71000 9 Library of Congress 749 108 HAMDT An amendment in the nature of a substitute considered as adopted pursuant to the provisions of H. Res. 766 and subsequently considered as original text for the purpose of further amendment. 2021-09-30T00:04:13Z 2004-09-14 On agreeing to the Rules amendment (A001) Agreed to without objection. 12:47:58 Rules Committee 2004-09-14T04:00:00Z House of Representatives 108 HR House H 4571 Lawsuit Abuse Reduction Act of 2004 2023-01-15T04:49:13Z H. Res. 766 https://www.congress.gov/bill/108th-congress/house-resolution/766 7 2004-09-14 12:47:58 On agreeing to the Rules amendment (A001) Agreed to without objection. Floor H34111 2 House floor actions 2004-09-14 12:46:12 Amendment in the nature of a substitute reported by the House Committee on Rules. (consideration: CR H7099; text: CR H7099) Floor H3A100 2 House floor actions 2004-09-14 12:46:12 House amendment offered/reported by : Amendment in the nature of a substitute reported by the House Committee on Rules.(consideration: CR H7099; text: CR H7099) NotUsed 71500 9 Library of Congress 2004-09-14 12:47:58 Amendment agreed to by House: On agreeing to the Rules amendment (A001) Agreed to without objection. NotUsed 79000 9 Library of Congress 2004-09-14 12:47:58 House amendment agreed to: On agreeing to the Rules amendment (A001) Agreed to without objection. Floor 72000 9 Library of Congress 2004-09-14 House amendment offered Floor 71000 9 Library of Congress Referred in Senate 2004-09-15T04:00:00Z Engrossed in House 2004-09-14T04:00:00Z Reported in House 2004-09-13T04:00:00Z Introduced in House 2004-06-15T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-108hr4571ih/xml/BILLS-108hr4571ih.xml 2004-09-15 Received in the Senate and Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.