HJR 15 — Joint Resolution Amending Court Rules to Address Sanctions and Dismissals

02-11HJR015S01 16:31compared 1stwith Sub.HJR015 {Omitted text} shows text that was in HJR015 but was omitted in HJR015S01 inserted text shows text that was not in HJR015 but was inserted into HJR015S01 DISCLAIMER:

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Loubet Senate Sponsor:Sponsor:Brady Brammer 3 LONG TITLE General Description:

Brady Brammer 3 LONG TITLE General Description:

H None J R Other Special Clauses:

10 This resolution provides a special effective date.

s1 SHJR015 compared with HJR015S01 Utah Rules of Civil Procedure Affected:

u AMENDS:

bRule .11 , Utah Rules of Civil Procedure Rule 41 , Utah Rules of Civil Procedure Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:

RuleAs 11,provided in Utah RulesConstitution Article VIII, Section 4, the Legislature may amend rules of Civilprocedure Procedureand Hevidence Ruleadopted 41,by the Utah RulesSupreme Court upon a two-thirds vote of Civilall Proceduremembers Jof .both houses of the Legislature:

R Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:

5 As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all members of both houses of the Legislature:

1stRule Sub.11.

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15 02-11 16:31 Rule 11 .

(a) Signature.

(b)By Representationspresenting a pleading, written motion, or other paper to court.the court (whether by signing, filing, submitting, or advocating), an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances[,]:

By presenting a pleading, written motion, or other paper to the court (whether by signing, filing, submitting, or advocating), an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances[,] :

[(b)](2) the claims, defenses, and other legal contentions are warranted by existing law - 2 - HJR015 compared with HJR015S01 or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(c) Sanctions.

[(c)](1)A Howmotion initiated.for sanctions under this rule must be made separately from other motions or requests and must describe the specific conduct alleged to violate paragraph (b).

[(c)(1)](A) By motion.

A motion for sanctions under this rule must be made separately - 2 - 02-11 16:31 1st Sub.

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15 from other motions or requests and must describe the specific conduct alleged to violate paragraph (b).

[(c)(1)](B) On court's initiative.

[(c)](2)(A) NatureA sanction imposed for violation of sanction;this rule must be limited to what is sufficient {[Subject } to deter repetition of such conduct or comparable conduct by others similarly situated.[Subject to the limitations in paragraphs (c)(2)(A) and (c)(2)(B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney fees and other expenses incurred as a direct result of the violation.] - 3 - HJR015 compared with HJR015S01 (B) Subject to the limitations described in paragraphs (c)(2)(C) and (c)(2)(D), the court may order a sanction that consists of, or includes:

limitations.

(A) A sanction imposed for violation of this rule must be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated.[ Subject to the limitations in paragraphs (c)(2)(A) and (c)(2)(B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney fees and other expenses incurred as a direct result of the violation.] (B) Subject to the limitations described in paragraphs (c)(2)(C) and (c)(2)(D), the court may order a sanction that consists of, or includes:

(iii) an order to pay a charitable contribution to a nonprofit organization that offers free or low-cost legal assistance,assistance{; is approved by the court, and is not operating under the authority or direct control of the Judiciary;

or} , is approved by the court, and is not operating under the authority or direct control of the Judiciary;

[(c)(2)(A)][(c)(2)(A)](C)[Monetary (C) [Monetary sanctions may not be awarded]awarded]A A court may not award monetary sanctions against a represented party for a violation of paragraph (b)(2).

[(c)(2)(B)][(c)(2)(B)](D)[Monetary (D) [Monetary sanctions may not be awarded]awarded]A A court may not award monetary sanctions on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, -or 3whose -attorneys 1stare, Sub.to be sanctioned.

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