[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 720

 To amend rule 11 of the Federal Rules of Civil Procedure, relating to 
representations in court and sanctions for violating such rule, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1995

   Mr. Brown introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend rule 11 of the Federal Rules of Civil Procedure, relating to 
representations in court and sanctions for violating such rule, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. REPRESENTATIONS AND SANCTIONS UNDER RULE 11 OF THE FEDERAL 
              RULES OF CIVIL PROCEDURE.

    (a) In General.--Rule 11 of the Federal Rules of Civil Procedure is 
amended--
            (1) in subsection (b)(3) by striking out ``or, if 
        specifically so identified, are likely to have evidentiary 
        support after a reasonable opportunity for further 
        investigation or discovery'' and inserting in lieu thereof ``or 
        are well grounded in fact''; and
            (2) in subsection (c)--
                    (A) in the first sentence by striking out ``may, 
                subject to the conditions stated below,'' and inserting 
                in lieu thereof ``shall'';
                    (B) in paragraph (2) by striking out the first and 
                second sentences and inserting in lieu thereof ``A 
                sanction imposed for violation of this rule may consist 
                of reasonable attorneys' fees and other expenses 
                incurred as a result of the violation, directives of a 
                nonmonetary nature, or an order to pay penalty into 
                court or to a party.''; and
                    (C) in paragraph (2)(A) by inserting before the 
                period ``, although such sanctions may be awarded 
                against a party's attorneys''.
    (b) Effective Date.--The provisions of this section shall take 
effect 30 days after the date of the enactment of this Act.
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