[Congressional Record Volume 141, Number 67 (Tuesday, April 25, 1995)]
[Senate]
[Page S5663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           ORDER OF PROCEDURE

  Mr. GORTON. Mr. President, for the information of all Senators, 
Members should be aware that there will be two rollcall votes at 
approximately 6 p.m. on Wednesday. Senators interested in speaking on 
any of these issues or other issues related to product liability or 
legal reform should be prepared to speak throughout the day on 
Wednesday.


                 Amendment No. 599 to Amendment No. 596

(Purpose: To restore to rule 11 of the Federal Rules of Civil Procedure 
the restrictions on frivolous legal actions that existed prior to 1994)

  Mr. GORTON. Mr. President, I send the Brown amendment to the desk and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Washington [Mr. Gorton], for Mr. Brown, 
     proposes an amendment numbered 599 to amendment No. 596.

  Mr. GORTON. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place, insert the following new section:

     SEC.   . REPRESENTATIONS AND SANCTIONS UNDER RULE 11 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 the following: ``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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