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The Velveteen Ocelot

(115,608 posts)
13. Yes, opposing counsel can move for Rule 11 sanctions, which is the way it's usually done.
Sun Dec 13, 2020, 02:40 PM
Dec 2020

The problem is that this takes time - the rule allows the alleged violator 21 days to retract or remove the questioned material, but these election cases have almost all been handled with expedited scheduling.

Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.
https://www.law.cornell.edu/rules/frcp/rule_11
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