[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 400 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 400

 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

                             March 5, 1997

 Mr. Grassley 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. SHORT TITLE.

    This Act may be cited as the ``Frivolous Lawsuit Prevention Act of 
1997''.

SEC. 2. REPRESENTATIONS AND SANCTIONS UNDER RULE 11 OF THE FEDERAL 
              RULES OF CIVIL PROCEDURE.

    (a) In General.--Rule 11(c) of the Federal Rules of Civil Procedure 
is amended--
            (1) in the first sentence by striking ``may, subject to the 
        conditions stated below,'' and inserting ``shall'';
            (2) in paragraph (2) by striking the first and second 
        sentences and inserting ``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
            (3) 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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